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  1. #1
    Join Date
    Oct 2011
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    6

    Default Is My Workers Comp Claim Still Open

    I tripped over a piece of wood on a job site and couldnt finished my shift. I called my employer to let him know and when i got back to the yard they took me to the clinic. Once their i filled out all the forms and when it asked if i ever had a workers comp claim i said yes. That claim had been closed for around 3 yrs. The reason i tripped was do to a bad knee. 3 days after i went to see the clinic doc i went out on FMLA because of my knee. 2 weeks later I recieved a notice from the workers comp insurer that my claim was denied. When out on FMLA I had a total knee replacement. When i recoverd and was able to go back to work I was let go. In the termanation letter they said since i never told them about my past workers comp claim they felt i had lied and that was the reason i was let go. I filed a EEOC claim. The EEOC dismissed the claim and in it they said that i still had a open workers comp claim and was never released back to work.
    If the insurance company denied my claim how can the say that the claim is still open

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Is My Workers Comp Claim Still Open

    Quote Quoting msanti8745 View Post
    I tripped over a piece of wood on a job site and couldnt finished my shift. I called my employer to let him know and when i got back to the yard they took me to the clinic. Once their i filled out all the forms and when it asked if i ever had a workers comp claim i said yes. That claim had been closed for around 3 yrs. The reason i tripped was do to a bad knee. 3 days after i went to see the clinic doc i went out on FMLA because of my knee. 2 weeks later I recieved a notice from the workers comp insurer that my claim was denied. When out on FMLA I had a total knee replacement. When i recoverd and was able to go back to work I was let go. In the termanation letter they said since i never told them about my past workers comp claim they felt i had lied and that was the reason i was let go. I filed a EEOC claim. The EEOC dismissed the claim and in it they said that i still had a open workers comp claim and was never released back to work.
    If the insurance company denied my claim how can the say that the claim is still open
    EEOC should give you a copy of the evidence they used to make their decision. then you'll why they ruled the way they did.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,048

    Default Re: Is My Workers Comp Claim Still Open

    I don't see an EEOC claim in those facts. I see a work comp case from your tripping over the wood. But if you tripped "due to a bad knee" then you may have just talked yourself out of a comp claim. Tripping over a piece of wood is usually compensable, but tripping because your knee made you do it often is not.

    You needed a work comp lawyer to help you, and perhaps you can still benefit from having a work comp lawyer. Here in NC, I could probably accomplish something for a client with those facts, but not knowing your state, I cannot tell you whether you may be able to get all that covered under work comp. But you should have gotten a lawyer to advise you and help you immediately instead of letting these facts unravel like this without any resistance.

    IN a few states not telling the employer about a past comp injury may have an effect on your current claim. But that may also violate the Americans with Disability Act, although the EEOC apparently did not think so in your case. SO, you need to know what your state law is on that point.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Is My Workers Comp Claim Still Open

    In the termanation letter they said since i never told them about my past workers comp claim they felt i had lied and that was the reason i was let go.
    I doubt there is a question on any employment application asking about prior work injury/comp claims... I also doubt it would be legal for a prospective ER to even ask that quesiton verbally. You did not 'lie' about this fact if you were never asked. You are not required to volunteer this in a pre employment interview.
    The reason i tripped was do to a bad knee.
    Aggreviation to a prior injury/condition/illness in most states would be a compensable injury, even in your scenario.
    Agree with complwyr however, you NEED to discuss your options with a competant WC atty.

    In the future posts... please provide your STATE, WC is state specific.

  5. #5
    Join Date
    Oct 2011
    Posts
    6

    Default Re: Is My Workers Comp Claim Still Open

    The state is Nv. I wanted to know if the insurance denied your workers claim but they told the EEOC that the claim was still open and that was the reason they said my claim was dismissed. How do i get the information from the Eeoc

  6. #6
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,048

    Default Re: Is My Workers Comp Claim Still Open

    The EEOC has nothing to do with work comp. No point asking them anything about the comp case.

    Tripping because of your "bad knee" will likely be viewed as an idiopathic cause of the fall and your injury. In most states idiopathic calls are not compensable. I do not know the law in your state. Which, again, underscores why you need to find yourself a good workers' comp lawyer.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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