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Zebedeexcel

Supervisor failed to file with workers comp

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There was 2 work related injuries in one day while on the job. The first injury was a car accident. We have the police report that states the other driver was at fault. (Pulled out in front). Contacted supervisor at scene and was instructed to drive the wrecked vehicle two hours away to home office. When asked by supervisor if I was ok I stated I wasn't sure. I had back pain during the drive. When I arrived at home office supervisor asked me to load some boxes into another vehicle.During that process my back gave out and I fell to the ground could barely move my legs. Supervisor took me to local hospital. She told them I hurt my back lifting boxes. Failed to tell them I was in a vehicle accident. She filed a claim to workers comp on the incident of moving the boxes but not the car accident. After several Dr appointments and physical therapy I was told by the physical therapist I had a ruptured disc in my back. Now I received notice that workers comp does not want to pay all medical bills. They refused to allow an MRI. My back still hurts, I am still working and I am worried about future complications with my back. My supervisor nor the organization I work for will not take responsibility for not filing a claim for the accident.I was treated for picking up a box not for a car accident. I have contacted a couple lawyers who want to go the route of collecting money from the other driver. My concern is that my supervisor failed to follow procedure and now I have an injured back and cannot afford the medical bills workers comp won't pay. I can't seem to find a lawyer who will take the case.

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The claim would fall under the box lifting. It isn't clear you suffered any injury during the accident and being able to drive 2 hours to the home office, then help load boxes would belie any injury claimed. If you felt you were injured in the accident, you could always file a claim, but from the way you describe it, they handled it correctly.

 

You don't mention why medical treatment is not being continued, nor why the MRI was denied (it seems you had one anyway if diagnosed with a ruptured disc- if proper authorization was not sought that could be a basis for denial). You are welcome to appeal. If you can't find a WC attorney to take your case, that tells me a lot. WC claims are pretty much a guaranteed paid day for attorneys so if they will not take you on as a client, there is a reason.

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Thank you for your response diamond I wasn't able to tell if I was injured at the accident. The other driver pulled out in front of me and I was traveling at speed limit of 55. I felt pretty rattled after. I was instructed to drive the damaged vehicle to home office wasnt given a choice. When I was asked to unload the boxes I told my supervisor about the back pain. Supervisor still instructed me to move the boxes. I moved the boxes myself. Thanks for your reply. There was a catscan done at the first hospital but my Dr told me it could not clearly show muscle and tissue damage. I went to home doc after I was released from first hospital and my doc ordered an Mir. Work comp denied it and they sent me to physical therapy. Pts told me he my injury was probably a ruptured disc.The pain has returned since pto.

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Not sure what happened to my prior response, but here goes again.

 

The fact that you were able to drive and lift belies the injury being part of the first incident. In any case, it would fall under incident number 2. Be glad as you only now have one insurer to deal with instead of WC and 2 auto carriers. I am not sure why it matters to you which claim this falls under.

 

If you were treated and released from PT, that explains why your MRI was denied.

 

I also question a PT who would diagnose a ruptured disc as that is far outside their scope and there is no objective diagnostic showing this. It is highly irresponsible for the PT to speculate like that. Close to 90% of ruptured discs heal on their own and there are very limited instances where one is dangerous and hence, a MRI is indicated. If yours was one of these, you would be having severe symptomology and it is unlikely that your doctor would release you from care. If your symptoms return or increase, contact the adjuster for authorization for an evaluation. Often that will be approved.

 

Finding an attorney to take a WC claim is not at all difficult. It is more or less a guaranteed payday for them and there are many firms who do little else. If you can not find an attorney to represent you, that does raise some red flags.

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