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  1. #1
    Join Date
    Jul 2012
    Posts
    16

    Default Employer is Delaying Filing a Workers Comp Claim

    My workers compensation claim was made in the State of:
    My husband has been working in the oilfield for the last year and a half....and started getting shooting pain in his hands over the last several months. It has progressed to the point that he can't work the Derrick any

    longer as he can't hold on to the ladder. He has been telling his supervisors this over the last 5-6 months and they just put him off and think he is just using it as an excuse. He was called into his main supervisor's office

    and received a verbal warning that he needed to start stepping up (strange that he just got his annual performance evaluation in December and it was a successful eval). He told his main supervisor what he has been

    telling his rig supervisors (he has several rigs he works on and each has a different operator)about the electrically shocks and pain he has been experiencing..and that it is getting worse as time goes on. My husband told

    his main supervisor that he has an appointment with our family doctor scheduled for when he returned home from his hitch. They wanted to take him in to see the company Doctor. Their Dr said he had carpal tunnel and

    possible a pinch nerve in the neck....and told his main supervisor that he was not to perform derrickhand duties....but could return to floorhand duty. Their Dr said that he didn't think it was work related....but wanted our

    family doctor to call him after her examination to discuss her opinion. He went to see our family doctor and she believes it is work related!! My husband has never had this pain/problem with his hands before. Our doctor

    told my husband that he needs to file a workers comp claim...so that they can go ahead and have a nerve tests done....and in the meantime wear braces on both hands as much as possible. Husband called his main

    supervisor and told him what his family doctor said and asked for a w/c claim to be filed. A couple of days went by and still no claim filed. Talked to his main supervisor inquiring about it again and he was told that the

    head man was coming in and they would discuss it. The next day main supervisor, head company man and safety supervisor came to job site to talk with him and told him that he needed to have his family doctor file out

    some forms and get them back to the main supervisor a.s.a.p.

    I received the email from my husbands company with the form that they wanted the doctor to fill out. It was a FIT for duty form....which I was confused as to why a FIT for duty form needed to be submitted to company

    before they will file a workers comp claim for my husbands work injury. It seems kind of strange to me that they don't just file a w/c claim. Why would they want a FIT for duty form filled out before submitting a w/c

    claim? I kind of feel like this company is trying to have a reason to terminate my husband before a w/c claim is filed.

    Does anyone have any suggestions or comments on what my husband should do....or what can be done to protect my husband.
    Last edited by diyflunkie; 01-29-2013 at 09:16 PM.

  2. #2
    Join Date
    Feb 2012
    Posts
    349

    Default Re: Employer is Delaying Filing a Workers Comp Claim

    kneebow here,
    Your husbands doctor must document that your husbands injuries are work related and what his restrictions are. Well documentation is very important to your husbands claim. Then you must get an experienced workers comp lawyer imediately to start the ball rolling since your husbands company won't seem to file the first report of injury form.
    Don't look for your husbands company to do you/husband any favors, because your husband is now considered a liability to them....and yes, expect them to fire him....soon. I don't know what state you live in but what I do know what I have seen repeatedly and that is when someone (and employee) is going to cost a company money they don't usually wait around to get rid of them...most states don't need a reason to get rid of an employee. Is your husband still working or has his doctor placed him on leave for his injuries?
    Please don't wait around to speak to a lawyer, this is something that can't wait. The lawyer will inform you on how to proceed. Don't give your husbands employer any information other than what your doctor has told you.
    There was absolutely no reason for your doctor to have to contact their doctor, other then, their doctor may have wanted to convience your husbands doctor that it was not work related. Anyway... I'm not a lawyer but, I can see your case unfolding right before my very eyes.
    Please get an attorney NOW!!!!!!! THIS COMPANY IS OUT TO SCREW YOUR HUSBAND and it is up to you and your husband just how bad it will get.

    Words of wisdom is great, but knowlege is everything. Learn the w/c rules in your state and don't wait to speak to an attorney who specializes in workers compensation today.
    I hope this helps and I'm sure someone out their in the injuried workers world will give more advise on whats next for you.
    God Bless you!

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,762

    Default Re: Employer is Delaying Filing a Workers Comp Claim

    You can rest assured that the company is never going to help him with this as of this point. Best plan now is to get a good workers' comp lawyer to advise him and help him.
    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 and Board Certified Specialist in NC Workers' Compensation Law

  4. #4
    Join Date
    Jul 2012
    Posts
    16

    Default Re: Employer is Delaying Filing a Workers Comp Claim

    Thanks kneebow and complwyr....I did talk to an attorney today and he informed me to file the w/c claim myself thru the state of north dakota.
    Received a claim number so at least it is documented.
    My concern is that he is losing the ability to hold onto tools etc...and the pain is getting really bad.
    I wonder if he should tell his supervisor that he needs to take some time off to get this taken care of. If they fire him can he collect TTD benefits after he get fired or does he have to be working and request the time off to heal before he is eligible for TTD benefits

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Employer is Delaying Filing a Workers Comp Claim

    Quote Quoting diyflunkie View Post
    Thanks kneebow and complwyr....I did talk to an attorney today and he informed me to file the w/c claim myself thru the state of north dakota.
    Received a claim number so at least it is documented.
    My concern is that he is losing the ability to hold onto tools etc...and the pain is getting really bad.
    I wonder if he should tell his supervisor that he needs to take some time off to get this taken care of. If they fire him can he collect TTD benefits after he get fired or does he have to be working and request the time off to heal before he is eligible for TTD benefits
    If the IW requests time off work, there won't be any benefits paid. Dr must certify the inability to work before TTD will be due.

  6. #6
    Join Date
    Jul 2012
    Posts
    16

    Default Re: Employer is Delaying Filing a Workers Comp Claim

    Quote Quoting BvIA View Post
    If the IW requests time off work, there won't be any benefits paid. Dr must certify the inability to work before TTD will be due.
    Thank you BvIA.....I didn't know that!!
    What if he is fired from job and then the doc says he can't work at this time due to CTS....can he qualify for TTD?

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

    Default Re: Employer is Delaying Filing a Workers Comp Claim

    Being terminated does not change the status of the comp claim... continued employment is not a basis for receiving WC benefits.
    The claim remains open until the benefits due are exhausted, or settlement by agreement of the parties.

    You should be discussing these issues with the Dr, and a competant WC attorney.
    And, as WC is state specific you should post in your state forum.

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