Re: Bad Fiath Employer
Did you initially inform your employer and ask to go to his doc?
The ER doctor along with the specialist he sent me to and 4 other doctors are all in agreement it is caused by my job.
Did these docs put that in writing, did you present the doc reports to your employer?
Did you have a disability write up? did you present it to your employer?
Anyway I had to call in to work Monday morning to report I would be off for some time, unsure of how long and that I was being sent to see specialist.
If they're not sure, how did they all agree it was work related?
I told them The ER doctor said he thought it was long thoracic neuropathy. But could not be sure .that is what I told my employer.
Why would you tell your employer anything? aren't you presenting the doctor disabilty slips to them.
You can't just go to a doctor, have a confidential relationship with him and "tell" your employer what's going on, that's not how the system works.
You have to keep things in order.
A-Report your injury
B-request medical treatment, allow your employer the opportunity to refer you to his doctor.
C- present the written doctor statements to your employer (disabilty, restrictions, next appointment, ect.)
That's your problem, your're telling your employer what your doc said after the fact.
I told my employer, that's all I thought I had to do. my doctor said I could come back to work part time on light duty
That's not what you said, you said "I had to call in to work Monday morning to report I would be off for some time, unsure of how long and that I was being sent to see specialist. I told them The ER doctor said he thought it was long thoracic neuropathy. But could not be sure." That's hardly telling them from the start, it sure isn't the way to report an injury.
Right now I can't even get any medical treatment because they are fighting the claim basing it on me not reporting it within the 90 days which is bull. My employer was informed right from the start.
That makes no sense, you simply appeal their denial letter, do you have an attorney?
We can't take it to court for some reason until I reach maximum healing,
No, you didn't follow procedure by not reporting your injury before seeking treatment, you denied them their right to treat you.
Do I have a bad faith claim against my employer or the insurance company or both
You put the cart ahead of the horse.
If you don't have an attorney, get one pronto, you have one hell of a mess on your hands.
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.