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NH workers comp New Hampshire

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  • #31
    Originally posted by ElleMD View Post
    Turbo- once again, how things run in your state for a unique injury are not how they operate in others. WC is highly state specific and situation specific. The supervisor's knowledge that this is a result of the injury 10 years ago has no bearing on whether the lost time will be covered this time. The supervisors simply don't make that call.

    Was there an actual incident that caused this flare up? Or was the herniation the result of degeneration because of age or the prior injury? How long has it been since you actually received any money from the injury 10 years ago or had any treatment paid for by the WC carrier? Was it all paid under your regular health care and PTO other than when the injury first occurred? The answers make a world of difference.
    Sorry ElleMD, if I had the icon of the head banging against the brick wall I would use it now (or maybe you would have for me being ingnorant on this issue lol!). I'm trying, I will read up on workers comp in all states now before I insert foot into mouth again lol!

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    • #32
      It is certainly not "more convenient" to bypass WC. It in fact would be more convenient to stay home recovering and having them pay for the 3 years worth of medication and 7 years worth of medical bills. The fact of the matter is, people that have a family need medical insurance that this job provides. Had I been out on workmans comp. 3-4 times a year, I bet it wouldn't take to long for them to find a reason send me packing, not that they even need one in the state of N.H. Even the 2-6 month waiting period that most companies require to become eligable for insurance at a new job is to much of a risk to take these days. One visit to the ER without medical insurance can easily exceed 10,000. When it comes down to it we all do what we think is right at the time. I sure some of the employers that visit this board have had employees that constantly go out on WC for any reason they can find. The fact that I am completely opposite of that may be hard to swallow for some but I want nothing more then to retun to work. Any injury that I can deal with I have, and there have been plenty of them on the job. From broken feet to lacerations and everything in between I have gotten at this job. I know this is the age of easy money and sue happy people but I try to have a little more pride then that. I work with a guy that went out on WC because he "sprained his finger flicking a bread tie". Another went out for 9 months after having out-patient day surgury until the doctor told him he could no longer justify the claims. They paid both. The fact that they would screw me just fits right in to how things are done these days.

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      • #33
        They aren 't screwing you, they are following the law. There is a difference. You waited waited 7 years to claim that the treatment you had been receiving was related. Had you not, you'd have a good case for getting it covered. Since you did not, you are out of luck. It isn't your employer's decision at this point, nor the insurer's. It is the law in your state. What others might have had covered while within the time frame your state provides coverage is irrelevant. You may think it unfair, but that is the way the law is written.

        An employer who would be so unscrupulous as to fire an employee for having and ongoing WC claim isn't likely to view one who takes off a few weeks a year and racks up charges on the medical insurance any more favorably. Both are just the cost of doing business and having employees who aren't robots. Why you'd assume they would look to fire you for one and not the other I don't understand. For that matter, I don't understand why you think they would fire a decent employee at all without cause. Contrary to popular belief, employers do not like to terminate employees or recruit replacements or no reason. I'd much rather take an employee who is responsible and proficient at the job, injuries and all, than have to train a newbie who may or may not work out.
        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.

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        • #34
          I did not wait 7 years to claim the treatment I have been recieving as WC. That treatment is done and gone. I am not looking for them to cover the last 7 years. I am looking for them to cover my treatment from the past 3 weeks after my claim was filed for the incident on the first. As for racking up money on medical insurance, trust me, the supervisors will look less favorably on me when they are constantly trying to find 3 people to take my place, which it takes to cover the amount of work I do. It would be more economical for them to can my *** and properly train one guy to do my job that didn't need to be out 3-4 times a year on WC. When I go out on WC, not only do they pay me and my medical bills but they pay another 3 guys that would normally not get paid at all. I cost them triple the money if I'm out on WC. No matter how good of a worker I am, I am no good at all to them if I'm not there and they can get a more fit *** in the seat and not skip a beat. The only differance then is now I have no job and no insurance. I wish I did work for a person that had your belief in work ethic, unfortunatley we are all not that lucky. There is no doubt that my condition is due to the work I do and the injury that I recieved 10 years ago. I have neurologists, neurosurgeons, supervisors and witnesses to back that up. The law sucks sometimes I know, but as I said, I'm not filing a claim to cover the past seven years. When I would take my vacations for my injuries before it's not like I scheduled doctors appointments everyday. I've had it long enough to know that short of surgury, the only treatment doctors will provide is to throw you some pain meds and tell you not to move for 6 days, I was told that from day one. Going to the ER for this condition when it flares up is virtually pointless. When I file workmans comp I am required to go to the ER, who then gives me pain pills and tell me I must go to another doctor contracted to do follow ups 2 days later. When I get there they say they cannot treat my type of injury there so they send me to Orthopedic doctors who then send me for x-rays or MRI's, then tell me to not move for 6 days. Thats a lot of wasted money to tell me to do something I knew to do anyway. I don't like to waste money, even if it's not my own. I may be a dying breed but thats the way I see it. Different points of view I guess, one looking in and one looking out.

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          • #35
            The one point I don't see here is the cumulative trauma that is compensable under WC law. Chandler if it comes down to it and you do not have a recent "specific incident" to report by date, just report it as cumulative trauma and be done with it. Yes it may mean filing a new WC claim which may be in your best interest anyway as any lost time will be paid at your current wage rate and not the rate of pay you were making 10 years ago when the original injury happened. If you haven't done so already get a consult with an attorney in your area that specializes in WC law. You don't necessarily have to enter into a contract just yet, but you would have one on stand by in the event that your employer's WC carrier denies your claim. And just for the record, what your employer tells the insurance company CAN and DOES have a profound effect on your claim being approved or denied. The decision comes from the insurance carrier yes, but the employer certainly has great deal of inifluence on the decision.

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            • #36
              Just for the record though, the "cumulative trauma" statute of limitations is 3 years from the date you knew or should have known that this was related to work or the prior injury.
              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

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