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  1. #1
    Join Date
    Nov 2016
    Posts
    1

    Default Employer is Making Me Wait Too Long

    I recieved a work related injury on my foot. I cannot barely stand, suspended from work until my health is back. They assigned me different physicians to choose from, but the employer sets the appointment dates and each date is roughly 2 weeks or 3 weeks before i can get evaluated. Im in pain and my foot has been swollen for over 5 days now since the injury happened.

    The employer tells me that if i do go see a physician that isn't set by the employer appointment time, ill be reliable for the medical bills. Even if that physican is on the work compensation list. My employer tells me it has to be on the day and time they schedule it and not my own time. I need to see a physician and immediately, but my employer does not care. Im afraid that the longer i wait, my foot will have permenant damages. And i cannot stand the pain and im not getting paid.
    Last edited by Supermangik; 11-25-2016 at 01:02 AM.

  2. #2
    Join Date
    Oct 1971
    Posts
    4,510

    Default Re: Employer is Making Me Wait Too Long

    Supermangik
    I need to see a physician and immediately, but my employer does not care.
    Something fishy's going on here.
    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.

    http://www.vwc.state.va.us/sites/def...-Treatment.pdf

    And i cannot stand the pain and im not getting paid.
    After three days of being off on a work related injury, you are entitled to Temporary Total Disability (TTD) Benefits

    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.
    Note:
    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
    http://workcompconsultant.com/worker...e-benefits.htm

    If the employer fails to abide by any of the above rues, consult and retain a lawyer immediately.

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

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