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  1. #1
    Join Date
    Nov 2008
    Posts
    8

    Default Can I File a Claim After Being Laid Off?

    My workers compensation claim was made in the State of: Florida

    I hurt my back at work. I told the employer that I needed to go to Workman's Compensation. He wasn't happy about it. But, he came back out of the office with a paper and told me to go to this clinic. They put me in therapy and had me coming back daily. I was told by the doctor that I was on lite duty 10 lbs.

    Anyhow, about a week into the therapy. My employer comes and asks me whats going on with my back. He then says that he didn't think I would be going to the clinic for this long and that it was costing him a fortune. He said that he would have to go through Workman's Comp if I didn't stop going.

    I stopped going because with the economy the way it is I didn't want to lose my job. I have pain usually in the morning and when I get out of a vehicle and stand up.

    Anyhow , I got laid off yesterday (position eliminated permanently). So, am I just unprotected if this pain gets worse? Do I have any recourse?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Can I File a Claim After Being Laid Off?

    He said that he would have to go through Workman's Comp if I didn't stop going.
    So... why didn't your ER file the claim for WC benefits with his IC...?

    Anyhow , I got laid off yesterday (position eliminated permanently). So, am I just unprotected if this pain gets worse? Do I have any recourse?
    You have a valid claim..and a 'doctor' providing the Rx for the PT you have been undergoing as 'treatment' to your injury.
    IF you feel the necessity to see the doctor again...that's where you go and get treatment, or a referral/Rx for additional PT...

    In the mean time, you go to your state/FL web site, and make yourself familiar with the process and statutes providing benefit, under the law.

  3. #3
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Can I File a Claim After Being Laid Off?

    Sounds like your employer was paying their own claims illegally.
    You need to find out if they had coverage and whether a claim was turned in.
    You have the right to report the injury to their insurance company. However, if you need assistance, contact the Employee Assistance Office (EAO) at (800) 342-1741 or e-mail wceao@fldfs.com

    http://www.fldfs.com/wc/organization/eao.html

  4. #4
    Join Date
    Nov 2008
    Posts
    8

    Default Re: Can I File a Claim After Being Laid Off?

    So... why didn't your ER file the claim for WC benefits with his IC...?
    I am not sure what the ER is or IC.

    If it is emergency room, I did not go to an emergency room. I had back pain I thought would go away. But, it got worse. So, I told him that I wanted to go to Workman's Comp. He sent me to his clinic and I assumed they were WC. I have only had one other claim in my life and it was because I went to the hospital with very serious injuries. All other times I had gone to my HMO doctor and just paid the deductible.

    Growing up in a family business I was taught that workman comp claims cost companies big money.

    Thanks for the links.

  5. #5
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Can I File a Claim After Being Laid Off?

    If there was no claim filed then then longer you wait to file the more difficult it'll be to claim benefits later.

  6. #6
    Join Date
    Sep 2008
    Posts
    168

    Default Re: Can I File a Claim After Being Laid Off?

    ER=Employer IC=Insurance Company

    I would follow the advice you were just givin....if it proves to be to much then get an attorney quickly.

    Good luck

    Devon

  7. #7
    Join Date
    Nov 2008
    Posts
    8

    Default Re: Can I File a Claim After Being Laid Off?

    Thank you all for the input.

  8. #8
    Join Date
    May 2008
    Posts
    244

    Default Re: Can I File a Claim After Being Laid Off?

    you have up to 2 years to file a claim ! you should'nt have any problem at all because of your visits to the clinic ,there is your proof. good luck !

  9. #9
    Join Date
    Nov 2008
    Posts
    8

    Default Re: Can I File a Claim After Being Laid Off?

    I contacted my ex-employer and told them my concerns. They emailed me the insurance information. I didn't do anything with the information. Because, I felt I had two years to see how my back went.

    My back went out on me Monday while I was getting out of my truck to go into work at my new job. I had to have my wife come and get me because the pain was so bad that I concerned that I might not be able to hit the brakes.

    Anyway, I called the insurance company and told them what had happened. They asked if it was a new injury. I said that it was not, because I was never pain free from the last time. They said that the best thing was for me to do was go back to the clinic I had gone to at first. The adjuster gave me a claim number and told me I would be covered unless it was determined that this was a new injury.

    I have missed Monday, Tuesday, Wednesday and now Friday. I felt like I could manage through Thursday. I woke up this morning feeling very bad.

    Yesterday, I received a phone call on my cell phone from a man that says he is working with adjuster and that he needed to meet with me so that he could take a statement. i told him that I had to see what was going on for the next week. Because, I had to schedule an MRI and PT as well as try to go to work. I am really worried about losing my new job over the absences.

    I am also worried about this guy that called me. I had a friend that several months ago filed a pet insurance claim. They called her and told her there was a problem and could she come down to the office and fill out a new form. When she got down there they arrested her and charged her with insurance fraud. She went to jail, had to be bonded out and then get a lawyer. Then they dropped all charges.

    Only because of what happened to my freind. I am concerned that it might happen to me.

    Does someone who is working with an adjuster usually require you to meet with them?

  10. #10
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Can I File a Claim After Being Laid Off?

    They probably want to take your statement and do more investigation because of the delay in filing the claim.
    The 2yr time limit means they won't throw the claim out of court; it doesn't mean they'll pay automatically.
    write down every thing that happened on your claim since you were first injured. get names and dates for everything. gather any paperwork you have (from doctor & employer) and make copies.
    when they ask for a statement they'll electronically record it. refer to your notes and give them a copy of your information. tell them to leave you a copy of the audio file and request they also send you a written transcription of the conversation.

    they investigate all claims filed late. sounds like the employer may be in more trouble then you -there are strict filing requirements for them as well.

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