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  1. #1
    Join Date
    Jan 2006
    Location
    New Hampshire
    Posts
    1

    Default Denied Workers' Comp Benefits Due To Statement to Doctors

    I was hurt at work several months ago, back injury. I did not want to pursue a Worker's Comp claim as I hoped to get back to work, but over the past few months have been totally out of work. My employers have been great and continued to pay me, but they are no longer able to. Plus my insurance has run out.

    Unfortunately I told my doctors that I was hurt at home. Hoping to protect my employer from a claim. Now that I've filed for Workers Comp, they are denying the claim since I told the doctor that I was not hurt on the job.

    Wow have I messed this up totally.

    Any advice on how to pursue.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default False Statement to Doctor

    You will probably need to hire a workers' compensation lawyer to try to get you benefits.

  3. #3
    Join Date
    Jul 2006
    Location
    Atlanta metro
    Posts
    9

    Default Re: Denied Workers' Comp Benefits Due To Statement to Doctors

    well, I tried to do the same thing,(protect the company) However, they did not do the same for me and are calling me a liar now. I told them in the beginning i would use my insurance to pay my medical and i needed to continue working.Well, once I realized my injuries were worsening,within days.I went to them and asked to file wc.I was told i would be denied immediatley.Even though they were notified that i was injured on the job.Now,5 months later, i have had no pay,no benefits, not even a phone call to see how i am. Moral of the story is watch out for yourself because if you are out of work like me, no one else is going to volunteer to pay your mortgage.I am only 34 and can't even lift a gallon of milk and can barely walk now.When i said i could afford to go part-time or I would be working part-time and then i refused to go on disability since i really didn't understand it, i was told,Well you realize i could just fire you now for not being able to perform the job you were hired to do?? and also, Please, how heavy are those 5 gallons and how often do you really have to lift them?? That is how the "BIG ORANGE" home improvement store has treated me.I guess it probably isnt them, just the new HR manager that no on likes. but it really is scary that one person in the right position that is willing to swear in court on a lie, can sleep at night knowing that someone can't afford to pay their mortgage and take care of their family.

  4. #4
    Join Date
    Jul 2006
    Location
    Atlanta metro
    Posts
    9

    Default Re: Denied Workers' Comp Benefits Due To Statement to Doctors

    Well, it has been a long road. I had neck surgery.I had to have 2 discs fused and a plate put in. Still having lower back troubles as well and recovering from the neck surgery. My company is still claiming that this is from a car accident almost 4 years ago now. When I go to trial, would it be beneficial to take some of the 5 gallon buckets of paint to court which i had lifted all day,everyday for months before this? My new date is coming up and i am terrified at what can happen if i am denied again. I have been out of work since June. Still can't do anything! Will it help that i can prove that the HR manager is lying about the date she was notified of the injury? She claims not to know about it until 2 weeks afterwards since she did no incident report. I have witnesses that actually told other managers the day it happened as well.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Denied Workers' Comp Benefits Due To Statement to Doctors

    The medical record and medical opinions will probably carry the day. If you don't have a lawyer yet, consider consulting one.

  6. #6
    Join Date
    Jul 2006
    Location
    Atlanta metro
    Posts
    9

    Default Re: Denied Workers' Comp Benefits Due To Statement to Doctors

    I Have a really good attorney and I have 2 Dr.s that have agreed to me that my injury was from lifting. However, i don't know if they are willing to say it in court. That is always another issue. Just like my witness that was there when i got hurt. He originally told HR that he knew nothing about the injury in fear of losing his job. When he did the statement to workmens comp, he told the truth and now they are saying they don't believe him. That is my biggest problem since i wasn't worried about it having him there to just tell the truth. Now he has managed to get everything out of wack.He says he will tell the truth in court. I dont know if he will since i know how afraid of getting fired he is. He is the one that sent me home the following day due to the injury and notified one of the managers and my co-workers. Wish i could take a lie detector to prove myself and have the HR take one. I have no doubt about the truth,but I know that would not be admissable and she would not do it.So, i guess it is her word against mine on what was actually said between us??

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