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  1. #1
    Join Date
    Jan 2017
    Posts
    2

    Default Questionable Request

    I hurt my back at work. When I told my manager he said he would "work with me". They have not put in a claim,he says I'm "trying to pull a fast one".
    I have audio of our conversation as well.
    My question is; If he asked me to get a letter from my doctor stating I'm 100% able to work, or I can't work there. What should I do?

  2. #2
    Join Date
    Oct 1971
    Posts
    4,640

    Default Re: Questionable Request

    Quote Quoting Worrywart123 View Post
    I hurt my back at work. When I told my manager he said he would "work with me". They have not put in a claim,he says I'm "trying to pull a fast one".
    I have audio of our conversation as well.
    My question is; If he asked me to get a letter from my doctor stating I'm 100% able to work, or I can't work there. What should I do?
    Ask him to refer you to a doctor- have him evaluate your injury and go from there.
    If the employer refuses to file a claim, contact the carrier and file it yourself, if you need help contact the Employee Assistance and Ombudsman Office.

    My employer will not report my work-related injury or illness to their insurance carrier. What can I do?
    Your employer should have the workers' compensation insurance carrier information posted in the workplace. If so, you may contact the insurance carrier and report the claim yourself. If your employer does not have the insurance information posted, please contact the Employee Assistance and Ombudsman Office for assistance with obtaining that information.
    http://www.myfloridacfo.com/division...portaclaim.htm

    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.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,656

    Default Re: Questionable Request

    It is your responsibility to file your claim. It is your claim after all. Until you file your claim with the state agency that oversees comp, which is where claims are "filed," you are not going to have any enforceable rights to comp benefits.

    Sounds like your employer is retaliating against you for getting hurt. I imagine that is illegal in Florida. You have a bunch of "red flags" waving around in front of your face already. You need to consult with a local lawyer who is experienced with workers' comp so that you can protect yourself.
    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 at Law

  4. #4
    Join Date
    Jan 2017
    Posts
    2

    Default Re: Questionable Request

    Quote Quoting complwyr View Post
    It is your responsibility to file your claim. It is your claim after all. Until you file your claim with the state agency that oversees comp, which is where claims are "filed," you are not going to have any enforceable rights to comp benefits.

    Sounds like your employer is retaliating against you for getting hurt. I imagine that is illegal in Florida. You have a bunch of "red flags" waving around in front of your face already. You need to consult with a local lawyer who is experienced with workers' comp so that you can protect yourself.
    I absolutely agree. I immediately hired an attorney and tried to file it myself. The Third-party agency said I cannot file,that a manager can only do that. I have let my attorneys know.
    It's been a week since all of this happened. I have a witness from work, and have kept a journal of all of the discrimination that's happened.
    My question is, will any of this help me? And I still have not been told to do anything, see a doctor or anything. I live alone,have no family so this income was my only means of survival . Will I see payment for lost wages soon?

  5. #5
    Join Date
    Oct 1971
    Posts
    4,640

    Default Re: Questionable Request

    Worrywart123
    I have a witness from work, and have kept a journal of all of the discrimination that's happened.
    My question is, will any of this help me?
    No, the only thing that will help you is objective medical evidence to support your claim.
    The two criteria for a comp claim are:
    A- You have an injury.
    B- It was sustained during the course of employment.
    Until you see a doctor, have a diagnosis of an injury and able to show it was work related - you don't have a case.

    Why are you recording confidential conversations with your employer?
    Depending on the circumstance, this may be illegal, be careful of what you're doing.

    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.

  6. #6
    Join Date
    Feb 2007
    Location
    florida
    Posts
    640

    Default Re: Questionable Request

    Your attorney should file a Petition for Benefits ASAP. Call the Florida Ombudsman office and request assistance from them as well. An employer can be fined for not timely reporting a claim. Your attorney should be doing all this for you. If they refuse to file the claim then you have the right to treat with a physician of your choice and the carrier/tpa will have no choice but to accept the physician.

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