Has Your Employer Stopped Paying For Temporary Disability?
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- Опубліковано 10 вер 2024
- Are you an injured worker or an injured worker's attorney and you are dealing with a California workers' compensation claim where the defendant was paying temporary disability and they stopped paying because of COVID. There's a case directly on point that can help get you the benefits you are legally entitled to.
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Good information- thank you.
I have had restricted compliance from my Employer since my fall on the job. I reported the same day.
I was not fimliar with the process/ obligations of Employer/Employee when an incident is reported.
I knew to report it immediately.
The Supervisor didn’t follow thru on her steps. After missing a day due to being hurt- I returned to be terminated. I requested how to see a Doctor and was told by HR that my Medical benefits are ended on the same day as my employment and Corporate has been notified.
After 6 weeks of inter company compliance complaint and direction from BOLI to go see any Dr- for on the job injury.
I seen a Doctor who referred me to physical therapy and Occupational medicine- but had not received employers insurance information for a claim #. I had to cancel my physical therapy appointment until I had a claim number. The Dr. did not send the form I requested (BOLI directions) filed my portion and expected them to file the claim. Doctor said I should not work while going to PT.
When I received a claim # and insurance information from HR - I tried to reach speacialist because the dates of injury were wrong on the 801 form they wanted signed.
I have never reached any claim adjuster in my attempts.
I seen a PT as referred- he sent me to another PT office and he released me to work.
He didn’t ask me anything about my job. Again I filled out paperwork for a claim for a 3 rd time.
I seen the PT last week and she says I should not be working yet- and definitely not the job activity that I did when I was hurt.
How do I get compensation from my Employer insurance?
I haven’t received anything.
Injury happened 1/27/22 and I was fired 1/31/22.
My claim became active 2/4/22.
All parties involved have not followed the state or federal laws for on the job injury claim.
I’m still going solo but I am seeing a pt as needed to recover.
This is 4 months without income.
Unemployment office gave me a written determination saying- I did not cause myself to be terminated- that it is determined that I was fired 3 days after reporting my injury to my Supervisor. They approved my claim- but I can’t file until I can work.
Any advice?
I also am concerned that my Employer is very influential over most of the Pacific Northwest-
I’m in Oregon. I need help but don’t want to be abandoned in the middle of this process.
Thanks for your time.
Do you have a lawyer? You must have one to help you , they know what to do for you 👍 my husband has Michael Burgis 🙏🏼
@@cocinandoconyolibg4807 I live in Oregon but federal laws are the same.
Thank you for this Information. I do have a question. Let's say yhe QME release you back to work with restrictions, but your treating doctor keeps you off work. Both doctors know you were fired and the insurance company stopped payments because they said they didn't receive the doctors report. Would you still be eligible for continued payments?
If payment of Total Temporary Disability Benefits stop after QME Report deemed Permanent and Stationery do they still send payment out if still on treatment and case is open