Posted: 5/10/2010 3:33:27 PM EDT
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Is anyone familiar with Tx workers Comp?
I hurt my back at work and in the process of making all my Dr's appts I have used up all my sick and vacation time. I still have more dr appts in the future and I was wandering if I should get paid for going to my appts? Not looking to get rich, just want to pay my bills on time. My job is working for one of the armored car company so I cant just leave work to go to the Dr and come back to work because they have to find someone for the entire shift. I have not missed any time at work other than the days for dr appointments.. yes I know my post count is low, but with all you smart fellers here, I dont have to post much.. Thx LB |
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I wish I could give you some good advice. In the end, I'm still hurt, probably going to be hurt the rest of my life. Took 7 months for the federal government to accept my claim and basically I had to get 3 doctors to make the diagnosis through my own insurance. Didn't get any money, couldn't even recoupe any of my personal time I took while they screwed me around. I'm just lucky I was well educated enough to get into another line of work that didn't require heavy lifting or standing on a concrete floor for 8 hours a day.
Good luck. |
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Did your employer actually file a workmans comp claim for an on the job injury? If so you should be off work and the state paying your salary until you are cleared to work again. If no claim was filed it may fall under federal FMLA regulations. If you are hurt ON THE JOB.....never use personal time for dr visits.
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| I got hurt on the job last month and was told by our Risk Management Department not to use any personal time and not to show any insurance anywhere I went. They gave me a paper at work to show at my different appointments in order for it to go under workman's comp. |
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Thanks for all the comments... I got hurt in Sept. did some therapy that worked a little but I mentioned to the General Practioner i had plateaued as far as recovering. In Dec I finally got an MRI, which did prove I had to herniated discs and one bulging..and now I have been to a specialist 3x now with one injection and I am waiting on the approval of the 2nd.
One dr even commented on the fact it is taking soo long how this could turn into chronic back pain. anyways thnx for all the help.. its way more then my HR or adjuster has told me.. Happy Shooting |
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Quoted:
Is anyone familiar with Tx workers Comp? I hurt my back at work and in the process of making all my Dr's appts I have used up all my sick and vacation time. I still have more dr appts in the future and I was wandering if I should get paid for going to my appts? Not looking to get rich, just want to pay my bills on time. My job is working for one of the armored car company so I cant just leave work to go to the Dr and come back to work because they have to find someone for the entire shift. I have not missed any time at work other than the days for dr appointments.. yes I know my post count is low, but with all you smart fellers here, I dont have to post much.. Thx LB Is this a DOCUMENTED work injury where you got hurt on the job, properly reported it and your employer brought you to the doctor for evaluation/treatment? And, they are paying all of the medical costs AND, the doctor is working it as a Worker's Comp case? AND, are you still working for the same company? If yes to ALL of the above, the company (their Worker's Comp Insurance carrier actually) is responisble for all direct medical cost for you going to the doctor and/or therapy. Your employer is also responisble for making time for you to attend these sessions on company time (during regular working hours) if you are still on working duty. If you have moved to another employer, they (the new employer) are not responsible, in any way, for your time & you'll have to use your own time to do so (vacation, sick time, etc.), but the old employer is still responsible for the medical costs. Unfortunately, the new employer can resent any missed time if it interfers with your performance or their bottom line. In either case, if this is a proper Worker's Comp Case & being handled as such by your employer and the doctors, you should not be receiving ANY medical bills at all. PERIOD! If you do, they are to be forwarded to the insurance carrier for them to handle. Conversely, if this is a case where you got hurt (even on the job) but did not properly report it to your employer and decided to go to the doctor on your own & everything snowballed ... the entire situation changes dramatically. If the company refuses to pay for the medical costs & treats it as a "Non work related injury" (i.e., didn't happen here because you didn't report it), you may have serious problems that may require the aid of legal advice (you may need a lawyer) to get things straightened out. In either case, you simply will not get rich but if handled properly, it should not cost you anything out of pocket. For some basic education the people you can talk to right now & explain everything and ask questions of, are: 1) the Worker's Comp Adjuster handling the case (there is one), 2) the doctor you are seeing and 3) contact Texas Worker's Commission directly. Between those three, they should be able to explain the entire process, the steps you need to follow and what to do if you can't get satisfaction. When talking with any of them, please keep your cool & DO NOT LOOSE YOUR TEMPER (cussing at ANY of them will only make it worse), even if you don't like what you're hearing. Remember, 1 is an Insurance Company & 3 is a state employee, 2 shoud be interested in your welfare & wants to get paid by someone. Only if these three are not able to help you should you seek option 4) legal assistance. Worker's Comp is a sticky issue & I wish you well, MLG |
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There is a good resource here: Texas DWC the department of worker's comp can answer your questions, and set you up with an advocate (omsbudman) if needed to resolve your claim.
Speaking from the other side (employer) DO NOT hire an attorney unless all other options have been exhausted. At that point the claim stops being a "priority" to HR and gets regulated to the "check with legal before doing anything" pile. Some companies are less likely to return you to work or make adjustments once an attorney becomes involved. Joat |