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crow_326 | I'm scared to file for workers comp? |
I've been working as a cook at the same restaurant off and on for the last several years. For the last several months I've been working as the grill cook which involves repeated lifting of 6 pound steak weights with squeeze tongs and repeated lifting of heavy fryer baskets. I have all of the symptoms of carpal tunnel in my dominant hand.
The thing is, my manager keeps trying to get me to get private insurance and get it looked at. He has strongly dissuaded me from trying to get it fixed through WC. One other woman cook had to have surgery in both wrists and she had to wage a major battle to get it covered.
I have no insurance now so I'm scared I'll file WC, lose the case, and then have it on record as a pre-existing condition so that no other insurance company will ever pay for it. I play tennis, rock climb, and do al ot of typing on the computer. I'm scared they'll say these activities caused it, not cooking, even though only one hand hurts. Ideas anyone?
Additional Details
Also, my manager makes it sound like paying out for my surgery will bankrupt the restaurant. How much realistically will workers comp insurance premiums go up if I get a $15,000 surgery covered? |
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Mahan
|
.1St. you are going to need health insurance coverage regardless, Go to you local insurance agent and get some quotes. (Make sure to ask them about a plan with least out of pocket maximum)
2nd. you can put a claim on the WC. It will be hard and it might not be certain.
3rd. if you decided to peruse the WC claim, you will need to be able to back up your claim so you need to go to several physicians for the same injury and try to build your case strong.
4th. Claim is claim. No matter how big or small the claim is, it consider as one negative point on their loss history. If you have one or more losses that can increase the WC policy and or cause the policy to be canceled or non-renewed |
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Jayne
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You should have personal insurance anyway. Everyone should. There are policies out there that anyone can afford. Just do your research and get the best plan of the buck.
When I worked in a restaurant I hurt my shoulder and knees by tripping down stairs and carrying heavy trays of dishes. I never thought about putting the pain of medical bills on the restaurant owners. I realized the issue and got a different job where I sit at a desk all day. Now my back is in pain from that. What I am saying is that yes all of your activities that you do may aid in your pain and you should either change the way you are picking up and carrying things or get another job for the health of your body. Also do some strength training to build your muscles and stretch them out regularly. |
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shadow_runnr
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File the claim. First off, many states have penalties for employers that try to prevent employee's from filing claims. It is in your, the employer and the insurance companies best interest to get the claims timely. This allows everyone to get the process going to investigate, to protect, and to get treatment.
Not all repetitive motion injuries are recognized as work related, but it is best to get it checked out since the longer you wait for treatment, the greater the chance for additional complications. Overall, seek treatment no matter who is paying for it. Your health is more important that who pays in the end.
To avoid coverage and payment issues, make sure that you follow the rules for Workers Compensation in our state and also the rules of any personal health insurance you may have. If WC denies the claim, you can then turn it over to personal insurance for processing. I note that you state you do not have any. Repetitive motion injuries are treatable, and very seldom have any long lasting affects. So it is going to depend on the personal coverage definition available to you in your area regarding pre-existing or prior treatment and how this might affect you in the future. |
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ALFimzadi
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I would get the private insurance, but when you go into the doctor, they have a spot you can mark on your forms to state Work Related. This way, if they deny the worker's comp, at least you'll have the private insurance to cover it. But definitely attempt to get the WC, but only after you get the private insurance. |
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DFK
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Carpal tunnel is a tough diagnosis for a compensated claim. Yes...you have been in a repetitive work environment and your boss is "worried" that the rate would go up. I understand his concern HOWEVER, If you have a doctors report.... and witnesses to the fact that your injury was :work" related then by law you and your boss have no choice but to file the claim. Like I said...it is a matter of process of elimination as far as the insurance company is concerned. The burden of proof is in your hands on this one. Get witnesses and proper Doctors reports and let the Insurance company do their job.
Your condition like Back injuries or Hernias are a Nemesis with Work Comp adjusters. Because these injuries could be caused by "other" activities. Again...get the paper work that is needed to prove your case.
As far as your bosses anxiety in reference to the insurance rates.....Remember that Workers comp rates are generated by the State not the insurance company. The company would debit your bosses premium more so if he had a "frequency" of these types of claims. I wouldn't worry about it. He's is just trying to difuse the situation. |
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gk
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I didn't claim a comp injury for the same reason about ten years ago it ended up costing me about 20,000$ and I'm not done yet. I ended up leaving that job because the jerk that dissuaded me from my claim became too much of a jerk to work for anyway (shoulda seen that coming) I recommend filing the Workman's comp claim that is what it is there for and anyone that tells you not too is probably not your friend or is up to something that is no good or both. Some battles are worth fighting(your rights)
Good luck |
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mbrcatz
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OK, first of all, private insurance isn't going to pay for something that happened at work. There's an exclusion in the policy - all of them. SEcond of all, a private insurance policy will exclude a preexisting condition - which this is.
So that's not going to work. Second of all, when you FIRST gave notice of a possible claim, your employer has THREE DAYS to file the report with the DOL. I'm guessing that hasn't happened.
Lastly, the "rates" wouldn't go up by much, surely not even 10%. HOWEVER, many many restaurants don't even CARRY workers comp, which would obligate them to pay the claim out of pocket, and potentially face major fines from the DOL. So that's probably the problem, in my uninformed opinion.
Tell the manager you need to do this, and you're going to the doctor. He can either report it and get the claim ball rolling, or not report it, and you'll have to get an attorney. Sorry to say, either way you're likely to lose your job over it. But there IS a possiblity that it's not carpel tunnel, and not job related - only the docs will be able to tell. |
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dewkisses02
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My mom had carpal tunnel surgery done in both hands (twice in one). She has insurance and it ended up costing us about $2,000. The doctor charges 1600-2000 for the surgery alone. You should get insurance. |
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Kat1966
 |
I live in Missouri and am a cake decorator for a major grocery store. I have recently had carpal tunnel surgery in my left hand and also had the same surgery on my right hand 13 years ago. I was wondering if anyone can tell me if I am able to receive workmen compensation payout for the same hand twice? |
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