Does anyone know how workman's comp works?

Tweety, BSN, RN · Jan 13, 2004

Ouch!

I'm pretty sure worker's compensation requires that you be under the care of a doctor. If you feel you need medical attention then get examined, or even if you don't, get examined just to have it on record, for the future.

(BTW, to be politically correct it's worker's compensiontion not workmen's, unless there's something you're not telling us. :))

Take care.

BarbPick · Jan 13, 2004

Thanks Tweety,

They finally called back. I will be going in the am to a walk in worker's compensation clinic. They were very nice. They said Florida is a managed care state, what ever that means.

I just see instant replays in my head of slip sliding away.

Barbara

VickyRN, MSN, DNP, RN · Jan 14, 2004

Hope you feel better soon.

watersnake · Mar 14, 2004

Barb;

Get an attorney. You are standing there naked as a jay, they have lawyers, insurance company, the organization, employee health (remember, the doc is on their side),et.c. You have a right too choose your own treating doc, given that he /she accepts comp cases, and I suggest you do so....yesterday if possible.

They may blow sunshine at you, but they are not your friends. Make sure you are getting your $537/wk as you should. Take it from one who knows, trust no one, get a lawyer and know your rights regarding your personal health ins., termination policies, et.c. Copy your policies pertinent to this and send them to the lawyer.

Welcome to hell, I'm in the midst of it now.=====snake

Karen_tn_37211 · Mar 14, 2004

Each state has their own workers compensation laws, and the amount of weekly pay varies. Telling people to get a lawyer for cases such is this is why medicine IS the way it IS nowadays.

watersnake · Mar 14, 2004

Each state has their own workers compensation laws, and the amount of weekly pay varies. Telling people to get a lawyer for cases such is this is why medicine IS the way it IS nowadays.

Karen,

I wish it weren't the way it is, but have you considered why they have all these lawyers and laws and rules, et.c? The person who defends themselves has a fool for a client. I have been lied to, run in circles and though it was with reluctance I hired a lawyer, I feel less stress and a person pulling for me who knows the law. They can take no more than 25% of your comp check at a time.

Think about it but don't think too long.====snake

Havin' A Party!, ASN, RN · Mar 15, 2004

Barb; Get an attorney...

Agree.

Good luck!

purplemania, BSN, RN · Mar 15, 2004

consider this: if you don't follow the rules for reporting and treatment then you cannot expect them to follow the rules about compensation.

nursesrocks · Mar 15, 2004

Last night on my way in to work, in the hospital it's self, I flew through the air with the greatest of ease, slipping on unflagged fresh cement. No warning, but leaving my shoe prints in a skid, and cement all over my now swollen knees.
The ER wait was going to be hours, so I drove home asap after incident report and pictures were taken by security.
My luck they called when I was in the bathroom, I called back and got voice mail.
The cement was from an outside contractor, and I am getting angrier by the moment. I just have old fashined soft tissue injury and a few bruises. I am embarrassed being seen flying through the air.
Vent, Bah Humbug !!!!!!!!!!!!

Worker's compensation pays for worker's injuries acquired during course of employment. Since you were on hospital grounds, then you should be covered under worker's compensation. They will pay for your medical bills. They should also pay for disability and lost of wages. The doctor's will usually determine if you are qualified for disability benefits. Keep all documentation in records in case there is a deterioration in your physical condition. Not sure if they will pay for the embarrasment this caused you because i think if you accepted medical payments, that is your compensation for the injury. It's like your auto insurance, you can't sue who is at fault anymore if they will pay for all your medical and physical liability. That is why there is insurance like this to avoid anymore legal claims. But I think if you want to pursue it legally and deemed you deserve more than just medical pay and disability if this applies, do not accept the medical care and disability.

moonchild20002000 · Mar 16, 2004

My advice to you would be to check out your states workers compensation rules.

You should be able to call the state office and get all the information you need. Some states require you to fill out paperwork to send to workers compensation.After the paperwork is reviewed they will then make a determination as to who is responsible and how much they are going to pay.

Its important to follow are the requirements on this because if you have problems in the future because of this incident you need to have your medical bills covered and possible disability payments.

Hope you soon feel better.

Erin RN · Mar 16, 2004

I am a WC RN and to any injured worker the advice I would give is to find out the laws in your particular state. WC is state run not federally and all of the states have different rules. I am currently managing WA, ID, CO, CA and longshoremans file since if the claimant moves and begins treating in a different state the state that he or she was injured in rules have to be followed. There a HUGE differences in vocational benefits, psych benefits, reporting periods etc etc. At the end of the claim when the claimant is given a rating if there is deemed to be a PPD the guidelines used are even different. We are currently on the AMA Disability 5th edition however, I recently found out that CO only accepts the 3rd edition?? The rules are actually pretty black and white. The rules for each state are usually easily accessible through the states L and I website..the bottom line is that the employer is required to provide medical care/ compensation until the claimant is at "fixed and stable" or MMI (at maximum medical improvement) depending which state you are in, meaning that once all avenues of treatment have been exhausted the claimant is no longer improving (objectively) the claimant is sent for a disability rating. That particular rating corresponds to a table of pmts..no more, no less. The check is written and the claim is closed. In WA a claim can be reopened for life however, timeloss is 7 yrs. Which means that if you worked for employer A in 2000 and had a chronic acl tear but did not warrant surgery then in 2004 you worked for employer B and the knee flared back up requiring surgery a new claim would not be filed rather the previous one would be reopened and employer A would be paying the medical and also the timeloss based on what your wage had been when you left employer A. However if it had been more than 7 yrs from the time you left employer A they would only have to cover your medical.

Erin