Workers Comp Question

I recently broke my wrist at work. The insurance comp wants me to provide pay stubs and W-2s from previous employers for up to one year. Do I need to do this?

originally posted by: Joki42
I recently broke my wrist at work. The insurance comp wants me to provide pay stubs and W-2s from previous employers for up to one year. Do I need to do this?

What insurance company. Yours or your employer's? If it's the employers and you are a relatively new hire they will want to go after the other companies that you were covered by (because of course you employers covered you with WC right) to cover part of the cost - it's called subrogation. And in that case yes they do need the information.

Please keep in mind you and workers comp do not have the same goals. You may or may not need an attorney. My brother lost an eye not due to a work related injury, but due to workers comp doing inhumane things in the name of their bottom line.

a reply to: Joki42

Make copies of everything they want. Send them the copies. Keep the originals.
Make notes on anything you discuss: person's name, title, departments, date.

Make sure you record everything. My husband's file just went missing at work. His injury was very mild but still qualified but the company has been "accident free for two years" so yeah it wouldn't look good. Good thing he reported it to the doctor (and took pictures) the same day it happened.

WCB is not working in your best interest. But you have paid into it so do all you can to ensure you get what you have paid into.

All the best!!

Thank you for the info. I'm keeping diligent notes. Just wasn't sure about the employer details they want. I know they're trying to get out of it. Took a week to get pain meds approved and they demanded I return to work three days after the injury. Luckely my doctor told them no.

a reply to: [post=19583174]Joki42[/post

The state in which I own 3 businesses, we pay into an L&I account, which is used to pay for all costs incurred by an employee that suffers an injury while on the job. Claims are filed, and all pertinent information required to process that claim is submitted by the employer, with an injury/accident account filed by the employee.

Even if it is different in the state in which you reside, do not close out your claim until your health has been restored(if possible). I have witnessed people who suffered injuries at work that were pressured by L&I to finalize that claim, and then continued to suffer long-term negative effects as a result of their accident. It is your life and health--be satisfied all was done to treat your injury. Good luck, and put the onus upon the employer to provide information in your stead.

originally posted by: Joki42
I recently broke my wrist at work. The insurance comp wants me to provide pay stubs and W-2s from previous employers for up to one year. Do I need to do this?

Depends on the state but normally only three are required. Go through them pick the highest ones you can find and tell them that was all you located .

a reply to: Joki42

It's only 1 year previous employment so I would think you wouldn't have several employers. They basically will check the wc insurance of those companies for claims by or for you. Common practice, they try to trace the injury to something else to pay less.

It's also very VERY important you understand that you not only have the right to a second opinion workers comp may have to pay for it. The easiest way to do this is to double appointment yourself. What I mean by that is id the workers comp approved Dr requires an appointment schedule one with your own as close to it as you can. The same day is best. You will be surprised how two drs can see the same ailments and have different conclusions.

You do not need to disclose that you are doing this.

This is all great info. Thanks for all the advice.

My brother is one of the best Workmans Comp lawyers in the south. I did his medical histories for him because I can read doctor handwriting and understand doctor speak. And I learned a lot. First off you absolutely need an attorney. If not Workmans Comp attorneys will low ball you so bad it's almost criminal. As ccseagull stated above, make copies of EVERYTHING you have that will be supoened from the W/C lawyers in the discovery process. Medical records, pay stubs, W2's etc.

You will be asked to provide every doctors name he has seen, usually going back as far as twenty years. Maybe even earlier than that. They will pour through every doctors visit. ER visit, looking for any sign that this may have been a pre-existing condition. I did the same for my brother, looking for anything that may jeopardize the case. Don't hold anything back from your attorney, he/she will need to know everything.

All of this information is needed so your attorney can calculate how much money he will ask for. Not just for the injury, but future medical expenses as well.

Get a good attorney, and don't let yourself to be pressured into ANYTHING by your place of work or Workmans Comp

Good luck.

ETA- if I wasn't in such a hurry I could have added more tips. If need be, PM me and I'll answer any questions I know the answers to, or I can ask my brother. He can also tell you who the best attorneys in your state are.

Everything is online and can be done for yourself. My opinion is you need to be disabled to the point that you have nothing better to do.

Workers comp attorney's take 30% Regardless of what stage you hire them. My brother didn't try to hire an attorney until 3 yrs into his claim AFTER he had already gotten more than six figures for himself. So he did it solo and didn't do terrible. But in court he was offered by an attorney to only take 30% on anything the attorney added to his settlement. The whole dragging on really got to him. Be ready for it to take forever, you'll do better.

Tip: everytime the insurance person said, " I'm not giving you any more money," my brother told them it was too personal to them and he needed a new worker. Buy the time he went through three workers the insurance company stopped playing games with him.

ETA: The post above reminded me, this is not as confidential as you would think. If you don't get screwed over the company you work for has their rates raised. My brothers boss was there while my brother was holding his deflated eye in his head. He drove to pick up Rx's for him. This was a very kind man. Then the reality of how expensive the injury was set in.

a reply to: Joki42

They are wanting to share of cost should the injury be any way related to your prior job. They already know everything about your prior everything, but looking to you for validating what they already know.

They also can subpoena your online activities as related to your wrist injury. How is your online footprint after injury?

Yes, you have to provide them with stuff they need or you won't receive a penny of lost wages. You probably won't get any money anyway, they drag things out till people get tired of all the paperwork. They try to make people feel they should have never bothered. They do this to every claim, don't get it in your head that you are special.

The info helps them figure the amount you will be paid. Take my advice, go to as many doctors as needed, do all the therapies. Severe arthritis can limit your wrist and hand mobility for the rest of your life. Consult a workers comp lawyer, they can help you understand all the stereo instructions..... and also, if the injury does not heal correctly, they can help you get a settlement. Just be sure to have all your ducks in a row and be protected. Insurance companies and the WC board loves to screw EVERYBODY. They hate paying money and want to pay you as little as possible.

You need to go find the workers comp laws that apply in your state, download then and read n read n read them. Them you will know your rights and obligations. You should be able to get them from the states law publisher or some other website such as the govt department that regulates that sort of thing.

hope this helps

a reply to: Joki42

Trust me....they'll try to get you back to work ASAP...so to stop payments.

Do what your doctor says.....and BTW, is it your own doctor or own the company sent you to?
YOu have to be careful your employer doesn't try to find some job that doesn't involve the injury to "help you out"!!!!!...it's a trick to get you off WC.

Hopefully, it is your trusted doctor...and he won't release you until your wrist is healthy.

Yes, I talked to an attorney who said I did not need him yet, but gave me some pointers. The Doc I saw was my personal Doc who has told my employer that I'm not going back to work until he feels I'm ready. Awesome Doc. The company has agreed to let me rest and return when ready and pay me the insurance owed. Thanks everybody for the input.