I need some help with workers comp?
Pulled my shoulder out, working, thought it would get better, but now it sounds like gravel is in it when I move it. I did not tell my boss, because I have only worked two months on the job.
What do I do? My daughter tells me, that if I go to a Doctor, that then the company I work for can claim it is a pre existing condition. I really want to keep my job, but also do not want to lose the use of my arm. Any advise will be helpfull
Answers:
Your two months of employment does not preclude you from work comp benefits.
Most states have different laws for how long you have to report a claim. (In California, I believe you have 1 year to report an injury.)
Report the injury to your employer as soon as possible and explain why you didn't report it earlier. This won't be the first time an injured worker did not report a claim immediately because they thought it was minor and would get better.
Your claim will undoubtedly be delayed so the Claims Administrator can investigate. This is their right. The burden of proof is on the Claims Administrator. Be ready to identify any witnesses to help your claim. Be prepared to give a recorded statement.
The Claims Administrator will make a decision as to whether or not to accept your claim based on all evidence obtained. If they accept your claim, then you're set. If they deny your claim, then you'll either have to contact the State Agency that governs Work Comp to find out how to get your case in front of the Judge (in California that would be the WCAB). It's up to you if you want to get attorney involvement at this point. The Judge will then hear arguments on both sides. 99% of the time, if you prove to be a credible witness and the Claims Administrator cannot come up with any concrete evidence to prove you didn't get hurt at work, they will likely rule that your claim is now compensable.
Worst case scenario, the denial stands and you'll have to get treatment through your own health insurance.
if you didnt report it at the time you dont have any proof you did it at work.
Go to work, complain of pain and go to the doctor during work time.
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