Results 1 to 9 of 9
  1. #1

    Default Workers Compensation Claim Still Being Investigated

    My question involves workers compensation law for the state of: Arizona

    I fractured 2 vertebrae in a wreck at work while driving a company truck. I have no memory of the 15-30 minutes before the accident and fragments afterwards. I was not cited for the wreck. The airbag did not deploy.

    For over a month, my employer has been saying that the question as to whether this is a "workers compensation" claim is still pending investigation. During this time, since leaving the hospital, I have been able to see a doctor but not a pain management specialist. I was sent to a pain doctor who refused to take me as a patient until the status of my claim was resolved. My pain has not been under control and I was told by my employer to wait. After a week, I started to "complain" that I needed help with my pain and was told by my employer, "you may not know this but you can not sue for pain and suffering in a workers comp case". I advised this person that my concern was getting treatment for my pain above all else. Now they tell me I can see a pain specialist in 2 weeks.

    Now that i have taken a step back to think about the mess that I am in, I have to wonder:

    What happens to all of the medical bills, if the company says this isn't workers comp?

    I know that "pain and suffering" isn't included in any workers comp settlement but what about this period of time that the claim is being "investigated for cause"?

    If all goes well with my recovery and, as I hope, I can return to work, what should I expect from my employer? I have a job that requires a strong back (heavy lifting) from what I have been told, even if everything goes ok, I will not return to 100% my pre-accident self. Also, as a result of the accident, I am almost an inch shorter. Do employees ,under similiar situations, receive any sort of settlement? It never crossed my mind before but now that I am in this situation, is being permanently shorter due to an accident considered disfigurement? I realize it doesnt matter to anyone else but I was not tall before the accident and now I am even shorter.

    I have tried to ask my employer, their benefits reps, and my union reps what to expect but have had little luck. Can anyone tell me anything about being out of work, on workers comp in Arizona? Thanks

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Workers Compensation Claim Still Being Investigated

    Your symptoms sound very suspicious. Was this a semi truck?

  3. #3

    Default Re: Workers Compensation Claim Still Being Investigated

    Suspicious, please explain what you mean by that.

    It was not a semi, I was not DUI, and as hard as it may be for you to accept, that is what happened as I know it.

    My PCP suspects sleep apnea contributed to the accident and I am undergoing sleep studies. I suspect that may be the reason for investigation but that is just my thinking, I can not say for sure.

  4. #4
    Join Date
    Sep 2011
    Posts
    466

    Default Re: Workers Compensation Claim Still Being Investigated

    Quote Quoting brokebackworker
    View Post
    My question involves workers compensation law for the state of: Arizona

    I fractured 2 vertebrae in a wreck at work while driving a company truck. I have no memory of the 15-30 minutes before the accident and fragments afterwards. I was not cited for the wreck. The airbag did not deploy.

    For over a month, my employer has been saying that the question as to whether this is a "workers compensation" claim is still pending investigation. During this time, since leaving the hospital, I have been able to see a doctor but not a pain management specialist. I was sent to a pain doctor who refused to take me as a patient until the status of my claim was resolved. My pain has not been under control and I was told by my employer to wait. After a week, I started to "complain" that I needed help with my pain and was told by my employer, "you may not know this but you can not sue for pain and suffering in a workers comp case". I advised this person that my concern was getting treatment for my pain above all else. Now they tell me I can see a pain specialist in 2 weeks.

    Now that i have taken a step back to think about the mess that I am in, I have to wonder:

    What happens to all of the medical bills, if the company says this isn't workers comp?

    I know that "pain and suffering" isn't included in any workers comp settlement but what about this period of time that the claim is being "investigated for cause"?

    If all goes well with my recovery and, as I hope, I can return to work, what should I expect from my employer? I have a job that requires a strong back (heavy lifting) from what I have been told, even if everything goes ok, I will not return to 100% my pre-accident self. Also, as a result of the accident, I am almost an inch shorter. Do employees ,under similiar situations, receive any sort of settlement? It never crossed my mind before but now that I am in this situation, is being permanently shorter due to an accident considered disfigurement? I realize it doesnt matter to anyone else but I was not tall before the accident and now I am even shorter.

    I have tried to ask my employer, their benefits reps, and my union reps what to expect but have had little luck. Can anyone tell me anything about being out of work, on workers comp in Arizona? Thanks

    if you accept the denial then I would assume that the company and/or the another vehicle has liability insurance on their vehicles and drivers and they would be involved in the medical bills
    if it's not workers comp then loss of wages may also be part of the liability losses. I don't know what other coverages you or your employer have.
    the employer is not required to create a job for you. they are required by ADA to discuss reasonable accommodation.

    a claim delayed is a claim denied; you should appeal.
    more on workers comp benefits here
    http://www.ica.state.az.us/Claims/Claims_main.aspx

  5. #5

    Default Re: Workers Compensation Claim Still Being Investigated

    Thanks Greentree!

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,436

    Default Re: Workers Compensation Claim Still Being Investigated

    What happens to all of the medical bills, if the company says this isn't workers comp?

    Then you send the bills to your own insurance company, with a copy of the workers comp denial. If there is subrogation from the other vehicles or the company's liability insurance, they will handle that.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Workers Compensation Claim Still Being Investigated

    The injuries you claim do not appear consistent with the accident.


    Quote Quoting brokebackworker
    View Post
    Suspicious, please explain what you mean by that.

    It was not a semi, I was not DUI, and as hard as it may be for you to accept, that is what happened as I know it.

    My PCP suspects sleep apnea contributed to the accident and I am undergoing sleep studies. I suspect that may be the reason for investigation but that is just my thinking, I can not say for sure.

  8. #8

    Default Re: Workers Compensation Claim Still Being Investigated

    Quote Quoting Disagreeable
    View Post
    The injuries you claim do not appear consistent with the accident.


    I "claim" to have fractured two vertebrae in a car wreck, in which, I have no memory of the minutes before and after it happened. What is not consistent?

  9. #9
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Workers Compensation Claim Still Being Investigated

    Cracked (compressed)vertebrae are more indicative of a blow to the spine or degeneration. Herniated discs are more consistent with a vehicle accident. Please note I am not trying to dispute what happened. I am trying to assist you in understanding what may be going on.

    1. Sponsored Links
       

Similar Threads

  1. Discrimination: Attempt to Sack After Workers Compensation Claim Lodged for Depression
    By Dachsy in forum Employment and Labor
    Replies: 1
    Last Post: 02-28-2013, 03:23 PM
  2. Settlements: Settling a Workers Compensation Claim
    By ladyredb115 in forum Worker's Compensation
    Replies: 1
    Last Post: 10-10-2012, 12:53 PM
  3. Slander: Can I Be Investigated for a False Claim of Abuse
    By Biggsrr07 in forum Defamation, Slander And Libel
    Replies: 3
    Last Post: 06-16-2012, 10:06 PM
  4. Workers Compensation Issues: Getting Compensation Beyond Workers Compensation
    By DAdatdude in forum Worker's Compensation
    Replies: 3
    Last Post: 01-04-2011, 10:39 PM
  5. Settling Workers' Compensation Claim
    By Criminalist in forum Worker's Compensation
    Replies: 1
    Last Post: 08-08-2005, 08:47 AM
 
 
Sponsored Links

Legal Help, Information and Resources