I woke up one morning and my wrist and hand was very swollen and in a lot of pain. I notified work at 4am as soon as I woke up. I went to the walk-in near me the same day and was told that it is Tendinitis from working. My company is fighting me on this and is saying that they refuse to file a workmans comp claim for my injury. Is there anything I can do?
Update:
I have Never been to the doctors for a hand or wrist injury Ever in my entire life. I have worked in retail my whole life before I started construction. This injury is from on the job work. And my question is more about them letting fill out a claim. They will not let me do that.
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You did not mention in what state you live. Laws vary from state to state.
If your employer is “self insured,” that means there is no insurance company involved. It may be that your employer has hired a TPA (Third Party Administer) to handle its work comp claims, but the final decision on any case rests with the employer.
I used to work for a transportation company in Minnesota that was self-insured for work comp. We had a TPA handle our claims, but the TPA would call me to ask me what I wanted to do any claim we had some decision to make.
Usually there are many administrative rules that need to be followed with any work comp claim, and being self-insured still means your employer needs to be in compliance with the law. Thus, once your claim is reported, you should receive a written response as to whether your claim is accepted or not. If declined, you have the option of hiring an attorney to assist you in filing a petition.
By the way, are you an employee or an independent contractor?
With respect to your injury, it is very questionable whether this happened at work. You did not report it when it happened. Tendonitis is the inflammation of the tendon or tendon sheath, and it could develop for any number of reasons. Sometimes a repetitive motion can cause this.
Tell your employer that if they do not accept your first report of injury, that you will be forced to contact the state WC department or state industrial commission, or whatever it is called in your state. That should elicit a response.
Workmans Comp covers employees when they are injured WHILE WORKING. The company is not responsible because it is not an obvious injury that happened on the job. Your doctor can say it was caused by doing that type of work but it is not the same as an accident on the job and thats what WC pays for. If you go to a hearing, the company will say you had the condition before you were employed and if they find any evidence that you were ever seen for a wrist problem in your life, you lose your case.
You’ll have to contact a workers compensation lawyer, if they’re refusing to even file the claim on your behalf.
You might also want to file a complaint with your state department of labor. What they’re doing, is illegal, in every state except Texas.
In every state INCLUDING Texas, employers are supposed to post workers compensation notices, with the policy and company contact information, where employees can see it. Most construction operations keep it at the job site in a binder. Most office operations keep it near the timeclock.
I think you are not capable to ask for compensation claim for your injury, because you suffered wrist injury when you were not at work. This wrist pain may be the result of your old injury which appeared now.
yes. Contact the State’s Workers Compensation Board. Also, hire an attorney that specializes in workers compensation injuries. Start discussions with an attorney that specializes in employment matters because you’re going to get fired “for cause”
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