I Need Workers Comp Help...

by Anonymous
(USA)

I fell off a ladder at work on 6-22-11 and went to the urgent care center. X-rays showed a broken wrist and the urgent care doctor recommended I see an orthopedic specialist. On the morning of 6-23-11 I turned in copies of the urgent care visit bills to my employer. My employer contacted workers comp because specialists needed the insurance adjuster's name as well as info from urgent care (x-rays, etc).

At 4pm on 6-23-11 I finally got a call from my employer with the insurance adjuster's name, and he said that a specialist should be calling to set up appointment. On 6-24-11 I never got a call from the specialist or insurance adjustor.

My employer called at 12pm and said he had to fax more papers to the specialist and the specialist was going to try to get me in that day (6-24-11). At 1:30 pm I called the specialist myself and got an answering service. I left a message but got no response the remainder of the day.

Now it's the weekend so I guess I will not be seen until Monday, if then. Urgent care told me to get to a specialist soon as 1 bone was in pieces and the other was fractured.

How long is too long to wait on workers comp?

My employer has been doing all that I could ask, but workmans comp is dragging their feet while I'm sitting here not knowing how long I'll be out of work. I've never been in this situation before. The only other major injury I've had was in high school (20 yrs ago). All other injuries have been very minor and I could just work through them. I have a wife and kids depending on me so I can't afford to get taken advantage of, but I think I am.

What can I do?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "I Need Workers Comp Help...":

From the facts you present it would appear your employer, in support of your recovery, has acted in conformance with all Workmans Compensation rules and regulations.

Workman’s Compensation does not seem to be the problem. Apparently your claim has not been denied, nor has a representative from the Workmans Compensation insurance carrier (insurance company) denied nor attempted to mitigate the value of your claim.

We have all at one time or another had to sit in a doctor’s or lawyer’s waiting room far past the time of our scheduled appointments. Regrettably the physician who should have contacted you seems to have either had more pressing business to attend to, or decided her weekend took precedence over a patient’s needs.

Although all 50 states have Workmans Compensation rules and regulations unique to themselves, it is universally understood a Patient’s injuries should be treated at the earliest possible time. A Physician’s duties to treat her patients are the same.

You asked if there was a time limitation, or a “statutory” period in which a patient/insured must be contacted or treated by a physician once a Workmans Compensation claim has been filed. Normally there is not, as the time period is usually dictated by the severity of the injury. You might check the Workmans Compensation Rules and Regulations in your state.

We also suggest you continue to call the Physician. Hopefully she has returned energized and ready to treat her patients.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION