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Anyone know about on the job injuries and workman's comp?


SecretAgentWoman
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My mom just tripped over a box in front of a door at work and broke her arm.

This wouldn't be significant if I HADN'T JUST BOUGHT A DAMN HOUSE and need her income, too!

I'm freaking out. She works for an out-of-state agency as a "traveling nurse" for a local hospital. I don't know how this affects benefits.

How long will it take for the money to kick in after a claim? Can she be on the benefits until her arm heals? Oh man, I'm shaking as I write this...this couldn't come at a worse time...

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Most workers comp benefits are paid at 80% after the first 7 days missed. I believe if medically necessary you can collect up to 2 years.

She needs to contact her employer to file paperwork, in addition to the facility she was at. Some have very strict guidelines on the timeline in which it has to be filed.

http://www.tdi.state.tx.us/wc/indexwc.html

Look there for information to help.

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When did they raise it to 80? Last time I looked it was 60 in TX.

This is what will happen. The insurance JERK from the company who insures your moms company will probably call. They will probably hassle her. They HATE paying claims. I hope it isn't St Paul Ins.

I think she has to miss work a couple of weeks, but she needs to file asap. Or her company does.

There is information on the TX site about all this mess. Regardless, TX comp laws are sucky.

When Cranky was an innocent bystander who got hurt in a little explosion, then was off work for surgeries, etc, they played the game of not sending the check about once a month, and we would be sitting here waiting. Would call and get all sorts of excuses, then the check would show up in about a week.

I can't remember if we got paid for the first couple of weeks or not. Been quite a while back now.

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It might be 60% - my company may fork over the other 20% because they get paid 80%.

SAW - it is all going to depend on the company and what they pay for. With my company, they come back and pay the first 7 days but at the 80%.

now now zfire -- not all adjusters are jerks, all depends on the company etc. However, if they are you can always contact the Texas Department of Insurance and that will usually get them moving in the right direction. It is like credit repair, document everything and form a paper trail.

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Lyssarene: Did that paper trail stuff. It's what finally nailed the adjuster.

Towards the end we were only speaking with supervisors.

Keep saying We...t'was moi who handled it all.

Dive: That's good you made out so well.

BTW...SAW--thinking about your house and all. By the time payment time rolls around your mom will have this all resolved. Don't worry. ok?

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I forgot to mention that part. They do not pay anywhere near what most people earn, or even near net income.

It's based on the average manufacturing job or some such BS I think...state wide or something.

Ridiculous, isn't it? So someone who has a good wage, could (as we came close to) lose everything just because of an on the job injury.

Do you remember when Phillips 66 blew up in 89? It is my understanding that

they changed the laws to screw the workers after that.

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It really depends on the company that she works for. Most companies do pay 80%. The company that I work for also allows us to take out additional insurance for things just like this to ensure that we will recieve as close to our normal pay as possible. The person normally has to be out for 7 days . on the 7th day the workman's comp normally kicks in and is retroactive to the first day of the claim. A lot of the employees where I work will return to work on light duty so they can earn more money. I do not know if this is an option for your mom but this has helped a lot of people at the company where I work because workman's comp sometimes wont cover their bills.

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I did hit max benefits- $650 a week here. I got a check for $1300 every two weeks, and then my boss let me take sick leave every week to make up the difference. On top of that, my disability insurance got me $500 a month, and accident insurance kicked in and paid out more.

Does she have insurance?

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As a workers comp adjuster in NYS, we paid 2/3 of your average weekly wage up to $400.00 max per week...therefore if 2/3 of your average weekly wage is more then $400...sorry but you will only receive $400 per week - NY

WC pay bi-weekly - there is also a 7 day waiting period however the 7 days will be paid if you lose more then 14 days of work - anything less then 14 days the 7 day waiting period will be deducted...

however some of the rules vary from state to state

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i know i'm going to catch flak for this..but don't forget litigation.

box +door+ workplace = negligence.

baby brother had a large truss dropped on his back a few years ago. wc paid the measley stipend, but he consulted an attorney anyway. he got a settlement that not only paid his hospital bills , but guaranteed future medical coverage if there were residual problems , plus a rather generous lump sum "pain and suffering" amount which became the down on his house among other bills. doesn't cost a penny to investigate options. jmho:dunno:

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I injured my elbow while driving for a local trucking company several years ago. had to have tendon surgury, and spent over a year on workers comp. Was getting just enough to survive. I went from (in the companies' opinion) one of their best employees to just some lazy bum who didn't want to work (their opinion again).

The injury was in 2001, took over 4 years to get a disability settlement.

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  • 4 weeks later...

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