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  • New job and workers comp California

    My boss denied my wrist injury happening at her facility now my workers comp claim is on hold. I have lost almost 3 weeks of pay, and my boss is giving me the silent treatment. i have left several messages and emails, and she has not spoken to me in 2 weeks.
    so i have been interviewing for new jobs. but i dont want to get in trouble for fraud. i am thinking of taking a job in the same line of work, but not physically doing the same action...basically a desk job instead of physical job.
    do i have any chances of getting in trouble, and can i fight back with the fact that my boss is offering me no assistance, and completely ignoring me?
    i am not on disability, i just want to get away from my boss.

  • #2
    My boss denied my wrist injury happening at her facility now my workers comp claim is on hold. The employer doesn't decide if they are liable for an injury - their worker's compensation insurance carrier does.

    now my workers comp claim is on hold. That's because the WC carrier is investigating your claim and most likely waiting for various doctors' reports, x-rays, information about the types of prior jobs you've held, etc., in order to determine whether they are liable for your injury.

    do i have any chances of getting in trouble, You are not obligated to disclose your health history to an employer unless they specifically ask about it and only then IF a health problem would prevent you from performing all the duties of the job.

    and can i fight back with the fact that my boss is offering me no assistance, and completely ignoring me? There's nothing to fight back about. The WC carrier is performing a routine investigation of your claim.

    Comment


    • #3
      wow

      that is bull if it happened there she should give you the worker's comp. it is not fair to you that you can't work because you were on the job.

      Comment


      • #4
        You're missing the point. The boss does not get to make that decision.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Originally posted by AS2007 View Post
          that is bull if it happened there she should give you the worker's comp. it is not fair to you that you can't work because you were on the job.
          Fraud happens far too frequently. As a result, employees who are actually injured on the job may be questioned and see no WC benefits pending a determination. Fraud also drives up the costs to the carriers who pass the cost on to the companies who might be able to pass on the costs to the customers. More likely, the additional costs will be borne by the company and/or the employees (for the latter, in the form of reduced wages).

          It is easy to say that an employee was injured on the job if they put a nail in their knee with a nail gun at a construction site. Other injuries are not so easy to identify, such as carpal tunnel or some back injuries.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

          Comment


          • #6
            Originally posted by apblndp1 View Post
            My boss denied my wrist injury happening at her facility now my workers comp claim is on hold. I have lost almost 3 weeks of pay, and my boss is giving me the silent treatment. i have left several messages and emails, and she has not spoken to me in 2 weeks.
            so i have been interviewing for new jobs. but i dont want to get in trouble for fraud. i am thinking of taking a job in the same line of work, but not physically doing the same action...basically a desk job instead of physical job.
            do i have any chances of getting in trouble, and can i fight back with the fact that my boss is offering me no assistance, and completely ignoring me?
            i am not on disability, i just want to get away from my boss.
            Why would you think you'd get in trouble for fraud?
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment


            • #7
              i am an esthetician, and i dont want to go back to the place i work because its non stop, massage all day..which is how my wrist/hand became inflamed to begin with. my boss would not allow me to return to work under the docs restrictions, so i have been sitting here for a week and a half applying for new jobs. i just dont want to accept a new esthetician job while my claim is being investigated because of the nature of the injury, and the fact that the physical aspect of the job may interfere.
              i am confident of my claim being accepted, since i have never had an injury before in nearly my entire life, i just dont want to take any chances.
              its unfortunate that now there is bad blood between my employer and I, and she is being very cold toward me.

              Comment


              • #8
                I agree, fraud happens far to frequently on the behalf of employers that are unwilling to take responsibility for creating dangerous work places.

                You are under no obligation to disclose your physical condition to your prospective employer. There are only limited circumstances that they may even inquire about it. And even then they are limited by the requirements of the Americans with Disabilities Act.

                Comment


                • #9
                  Originally posted by stiffnecked View Post
                  I agree, fraud happens far to frequently on the behalf of employers that are unwilling to take responsibility for creating dangerous work places.

                  You are under no obligation to disclose your physical condition to your prospective employer. There are only limited circumstances that they may even inquire about it. And even then they are limited by the requirements of the Americans with Disabilities Act.
                  i agree with you 100% on that one stiffnecked...most employers don't give a crap about the employee since they know it is so easy to find another to replace the broken one. lol and i know that a prospective employer can't ask about WC claims but if you've been off work for some time, you still have to tell them what the reason for the long lapse in dates of working and why you haven't worked for such a period of time. been there...still coping with it everytime i apply somewhere.

                  Comment


                  • #10
                    Originally posted by injuredperson View Post
                    i agree with you 100% on that one stiffnecked...most employers don't give a crap about the employee since they know it is so easy to find another to replace the broken one.
                    The "broken one" costs a bundle.

                    When we get a prospective new client, we have a safety specialist evaluate the work place. That reduces the injuries we have which saves us money.

                    We have walked from a couple of clients that had good safety policies that did not translate into good safety practices.

                    As a result, our injuries are well below the industry standard.
                    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                    Comment


                    • #11
                      Thats still bull

                      it should not matter its the company's responsibility. if the company made sure there were no possible ways to get an injury they wouldn't ahve anything to worry about.

                      Comment


                      • #12
                        Originally posted by AS2007 View Post
                        it should not matter its the company's responsibility. if the company made sure there were no possible ways to get an injury they wouldn't ahve anything to worry about.
                        Companies are responsible for work place injuries.

                        When there is an injury and there is a question about whether or not it is work related, companies have a responsibility to challenge the origin of the injury.

                        Rebecca started work yesterday. The job has a possibility of causing carpal tunnel syndrom.

                        Today, she comes in with a doctor's note that she has carpal tunnel.

                        Did this happen in one day? NO! and we will fight that claim.
                        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                        Comment


                        • #13
                          Originally posted by AS2007 View Post
                          it should not matter its the company's responsibility. if the company made sure there were no possible ways to get an injury they wouldn't ahve anything to worry about.
                          And if you know how to ensure there are never any injuries and the workplace is 100% safe, let me know. Seriously. I'd MUCH rather not have an injured employee in the first place if I can prevent it.

                          apblndp1- you don't mention how long you worked there before this happened. If this type of work bothers you, I'd suggest finding another profession. You are correct that getting another job elsewhere doing the exact same thing isn't a wise move. Not because of anything having to do with your WC claim, but because it wasn't the employer that was causing the problem, but the type of work. You are going to have the same symptoms elsewhere doing the same thing.

                          I'm not unsympathetic as I've had carpel tunnel for nearly 15 years now and I do a LOT of typing and writing. It can be managed but it isn't easy.
                          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                          Comment


                          • #14
                            Originally posted by apblndp1 View Post
                            my boss would not allow me to return to work under the docs restrictions,
                            If this is the case, then this would be considered a Lost Workday Case, and if you get WC, you should be paid for at least some of the time you are off.

                            Comment

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