Jump to content

Work related injury from old job, what do I do at new job?


Recommended Posts

I have a desk job and needless to say my wrist, arm and sholder HURT very bad. I was on workers comp at a job I worked at from 2001 to 2005 (started WC in 2004), when I left I got a notice that they dropped my case even though I was in the middle of treatment.

 

Since then I have been trying to deal with it but everyday it hurts, my middle finger has been swollen since 2005 to the point where I can't even make a fist and now my index finger is starting to swell also.

 

I called my personal health insurance company yesterday and made an appointment to see my primary care physician but not for three weeks. They of course asked if this was work related and I said yes and explained the situation.

 

My H said I should tell my current job (I have been at since Dec 2006) about it and go on their workers comp. I don't really want to do that because this is an issue I have been dealing with since 2004 and I don't think it's fair that they should have to pay. Yes my current work conditions have been making my injury worse but does that justify me going on their workers comp for treatment?

 

I don't want them to be mad at me and I did not tell them about it when I started (nor did they ask) because I thought I could deal with it.

 

I am really worried about what this will do to me in the long run (if it's this bad and I am only 25). I am an artist and want to make that my career but I am worried my injury, if left untreated, will prevent that.

 

What should I do?

Link to post
Share on other sites

i feel for you as i'm on w/c myself. tore rc-labrium.but what possesed you to leave the job that was taking care of your injury?that's not a good thing to do.can not see new employer picking up the expense of something he's not liabile for.

Link to post
Share on other sites
  • Author

Sorry to hear about your injury!

 

Yeah, I am not expecting them to pickup the expenses. It would be unfair of me to even assume they would. My question was more with regards to them being understanding of any time I need to take off for medical reasons.

 

I left that job because I was being harrassed by my supervisor. I was the fifth assistant she had in two years. Two of which were still with the department in other areas and were both seeing a Psychologist because of what she put them through.

 

I did talk to my HR rep and he was pretty cool about it. He said he could see an issue between the insurance companies and payment, but that he did no see a problem with me and the company if the doctor pulled me out of work or their being felixable with my dr's appointments.

Edited by redfathom
Link to post
Share on other sites

why don't you think about seeing a Lawyer who deals with these situations for advise. I wouldn't feel guilty about doing anything if I were you.

Link to post
Share on other sites
  • Author

I want to see what my doctor say's first I guess. I really don't know how I should handle this. I know I shouldn't feel guilty, I do have to look out for myself.

Link to post
Share on other sites
Mustang Sally

Were you aware that this new job you took would potentially exacerbate your old injury?

 

If so, did you inform your new job appropriately about it before accepting the terms of employment with them?

 

Why did they "drop your case"?

Link to post
Share on other sites
  • Author

My old injury never went away I have been working at a desk job since 2001, with no break in employment (between three jobs) so it was not a matter of potentially. Although there are times when it feels better. I have to switch between desks often and each desk is setup differently which is why it get aggrevated sometimes more then others.

 

The place I had my WC open at dropped my case because I left their employment for another job, in most cases that would not matter, but being that I worked at an indian gaming casino and they follow different rules they are able to drop a WC case. This is something I did not know until after I left the company and got the letter a few weeks later.

 

I did not inform my new job about my injury which is why I am not expecting them to do pay for anything.

Link to post
Share on other sites
Mustang Sally

Ok. Thank you for taking the time to provide me with that clarification.

 

I have to be honest.

For personal reasons, I have an issue with worker's comp in about 95% of situations. So I can't offer you much helpful advice except to say that it might not be a bad idea to get a lawyer involved who has experience in these types of issues if you don't get a satisfactory resolution with your current insurance/job.

 

Good luck.

Link to post
Share on other sites
My H said I should tell my current job (I have been at since Dec 2006) about it and go on their workers comp.

 

You can't go on an employers WC for an injury that didn't happen while at work for that employer..

 

It isn't a matter of being fair or unfair to your current employer it is the fact that you can't..

They won't pay for a claim that isn't their's to pay..

 

A claim has to be made with 24 hrs of an injury as well...

 

Why on earth would you want to do something dishonest and make your current employers rate go up for something they didn't cause..

 

In case you didn't know it.. if you lie then it will be insurance fraud.

I would suggest you hire an attorney and go after your previous employers WC.. they are the ones who you really have a case with..

Link to post
Share on other sites
  • Author

I don't want to and will not do something dishonest. I told my emplyer the injury happend at an old job and that I am seeing my personal physican. I informed my current job only in case my doctor needs to take me out of work. I told our HR Director that it's would not be fair to them if I filed a WC claim and just wanted to know how willing them would be to work with me if I needed to be out of work. If they arn't willing to work with me then I will have to find a new job, or deal with it, but I can't really do that because it hurts too much.

 

When I talked to my H about it I told him I wanted to go on state disability if it's an option. I really don't know what my options are at this point. He said to talk to work about WC and I said I can't it did not happen at my current job. I only told them out of an obligation I had not because I want them to pay for anything or help me.

Link to post
Share on other sites
If they arn't willing to work with me then I will have to find a new job,

 

This is the toughie for most people in your position...

 

I would think that if you are with a good company and you have a good record with them then they should bend slightly when it comes to the time off..

 

You can't expect them to give you any paid time off that you normally wouldn't get though.. but certainly they should make room for you in their schedule..

 

I hope it works out with you....

Link to post
Share on other sites
  • Author

Yeah I would not want them to give me paid time off. Which is why I made an appointment with my doctor through my personal insurance before I even brought it up to my work. I am not sure I was even required to tell them why I might need to take the time off, but felt it was better to do so. I even told my H I wanted to look into state disability if I need to take time off.

 

Right now I don't know what will or won't happen, but I like to plan ahead. Obviously I shoudl start taking classes if I can for a new career because at 25 I can't keep doing this with my injury and the amount of pain.

 

Thanks for the well wishes!!

Link to post
Share on other sites

You MUST tell your current employer so they can document your pain and send you to one of their approved physicians for evaluation and treatment.

Link to post
Share on other sites
A claim has to be made with 24 hrs of an injury as well...

Not in California. The worker has 30 days to file the first report of injury. Of course it is always best to report immediately. In the case of a chronic injury like yours, you should report it whenever you first become aware of it.

 

I would suggest going back to the old WC case and really fighting it. Lots of denials from the insurance company can be turned around if you go through all the steps. These ICs will deny anything they can, even an obviously fair claim.

 

Your current employer is not responsible for your existing injury, but they ARE responsible for any aggravation. You really need to make sure you get proper medical attention before you incur permanent damage.

Link to post
Share on other sites
Not in California.

 

 

Yeah.. I shouldn't have quoted a time that is different depending on the state...

 

I googled CALIFORNIA STATE DIVISION OF WORKERS' COMPENSATION (DWC) INFORMATION & ASSISTANCE OFFICES and came up with a few links to all the phone numbers of the offices to call for info regarding what to do.

Link to post
Share on other sites
  • Author

Thanks SoleMate. I will call some places to see what they say about WC laws for employees of indian gaming casinos. Thanks Art for the link info.

Link to post
Share on other sites
×
×
  • Create New...