Re: Employer is Making Me Wait Too Long
Something fishy's going on here.
I need to see a physician and immediately, but my employer does not care.
After each appointment, your doctor should be updating your disability status and making the next appointment.
I have no idea of how an employer can make appointments when they're not at the doctors, nor know the doctors schedule.
Your doctor makes your appointments and determines work restrictions, not the employer.
Also, your doctor determines whether you need to be seen immediately, not the employer.
Call your current treating physician, describe your pain and ask if it's necessary to get in immediately.
If your physician determines you need to be seen, he will get you in immediately or instruct you to go to the emergency room.
The Employer’s Obligation to Provide Medical Care in Workers’ Compensation Cases
The determination as to what constitutes reasonable and necessary medical
treatment is one for the treating physician. The treating physician may refer the claimant
to specialists and prescribe diagnostic measures and medication, as he or she deems
appropriate. Although the insurance carrier may take an active role in monitoring the
claim, it cannot manage the claimant’s medical care.
After three days of being off on a work related injury, you are entitled to Temporary Total Disability (TTD) Benefits
And i cannot stand the pain and im not getting paid.
Temporary Total Disability (TTD) Benefits
There is a three-day waiting period before benefits can be paid. If they are out of work for more than 7 days, they will receive compensation even for the first 3 days.
An injured worker's wage paid is 66 2/3%.
The weekly payment minimum is $175.33, 33 1/3% of the West Virginia state average weekly wage and may not exceed the Federal minimum hourly wage.
The weekly maximum is $526, 100% of the West Virginia state average weekly wage.
Maximum period of payments is 104 weeks.
West Virginia Workers Comp Division established guides for disability periods who are on TTD. Check with the state website below for details about these guides.
Current West Virginia state average weekly wage is: $586
If the employer fails to abide by any of the above rues, consult and retain a lawyer immediately.
Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.