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  1. #1
    Join Date
    Oct 2008
    Posts
    8

    Default Employer Giving Me a Hard Time

    I injured my wrists at work and filed a claim. I saw a doctor and waiting to see a neurologists. Today, the owner called me out in front of the other employees and told me he didnt believe I was injured. He threatened me by stating he'd "prosecute for fraud". He told me he had a written deposition from a fellow employee that i said to him to the effect that I faked my injury to collect workers comp. He wouldnt disclose what the employee stated or who it was as it was"none of my busniess". He then asked me about my work history and even asked if I "played guitar" and other such questions regarding the use of my hands. He didnt believe I had an injury or I must have had a pre-existing condition of which I was fraudulently exploiting to take advantage of his busines/workers comp. I called my adjuster mad as hell but she offered little help in the matter. She did state at that time, she had not received any such deposition however. He sent me home but apparently had a change of attitude and allowed me to continue working after I stated i'd call an attorney instead.

    Im not sure how to handle this situation or whether I should infact call an attourney to handle it. Any input would be apreciated.

  2. #2
    Join Date
    Nov 2007
    Posts
    41

    Default Re: Employer Giving Me a Hard Time

    I would call an attorney. Unfortunatly, the Tx work comp system is very confusing and hard to understand for us, the injured workers. I would start calling attorneys tomorrow and do some research about the TX work comp law. Your employer is not allowed to treat you that way. Trust me, its not worth the frustration of going forward without an attorney. If your injury and pain is significant and you expect it to be hurting for a while, its in your best interest to call an attorney.
    S

  3. #3
    Join Date
    Oct 2008
    Posts
    8

    Default Re: Employer Giving Me a Hard Time

    Now the insurance carrier wants me to do a deposition before i can go see the neurologists. Wondering if I should go ahead with this or wait till I talk to an attorney instead.

  4. #4
    Join Date
    Sep 2008
    Posts
    168

    Default Re: Employer Giving Me a Hard Time

    Call an attorney BEFORE the deposition.


    Devon

  5. #5
    Join Date
    Jul 2008
    Location
    ca
    Posts
    857

    Default Re: Employer Giving Me a Hard Time

    teej - DO NOT go to a deposition without an attorney. An atty will CYA, the other side wants to bury your a$$.

  6. #6
    Join Date
    Oct 2008
    Posts
    8

    Default Re: Employer Giving Me a Hard Time

    ive already declined it once. Its over the phone and they said i cant see another doctor till after I make my statement. How do I go about seeing a doctor till I can become better informed about the situation and get an attorney?

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Employer Giving Me a Hard Time

    Unless TX law mandates you make the statement over the phone, or in person to a IC representative... the first report of injury is enough.

    IF there is a need to 'develope the record'...tell them to notice you of a deposition...there you will be placed under oath and a court reporter present.

    A statement over the phone can be typed to reflect whatever the ER/IC dictates...

    Go again to the TX labor code..http://www.tdi.state.tx.us/wc/employ...employee.there should be provisions to show it to be illegal for the ER/IC to withold medical treatment for the reasons you site.

    If you were to refuse to be evaluated by the ER/IC doctor, then your benefits could be stopped for failure to cooperate in the provision of benefits and investigation of your claim.

  8. #8
    Join Date
    Oct 2008
    Posts
    8

    Default Re: Employer Giving Me a Hard Time

    I do not receive benefits. Im working despite the pain in arm splints as I cant afford not to. My primary doc released me back to work on light duty but my job cant be simplified much more than it already is to make it any lighter. I was told before I would be authorized to see the neurologists, id be deposed over the phone. So basically you're saying I should request one in person?

  9. #9
    Join Date
    Oct 2008
    Posts
    8

    Default Re: Employer Giving Me a Hard Time

    As of last date of contact with my adjuster, my claim was pending. Should I assume that by being deposed that my claim is to be denied or contested in some way? If my treating doc referred me to a neurologists, can the IC prevent me from seeing the doc? Should I ask my treating doc for my records regarding my diagnosis? From my understanding of reading the workers comp benefits pages, it would seem they con not prevent me from medical treatment if my treating doc recommends it. Am I correct in my assumption?

  10. #10
    Join Date
    Sep 2008
    Posts
    168

    Default Re: Employer Giving Me a Hard Time

    A deposition is the fastest thing they will do....every thing from then forward will be slow....get an attorney on Monday.....he will advise you what to do....your making to many decisions without one already (IMO)... Some peolpe can do good without one and have a knack for the language...most dont! and do NEED legal representation.

    My sister in law made the mistake of the deposition before the attorney and her case suffered because of it.....they took her words and made them sound as though she was lieing.....she regreted it till the day she settled.

    I had the IC try to get my deposition even after my attorney....and without his knowledge. He was pretty mad about the deal.


    So I advise you to get an attorney before you speak another word to anyone.

    Good luck,

    Devon

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