Health insurance vs workers comp question

I go in to work 3pm-5am for the rest of this week, switch back to 1pm-3am most likely starting next week and I’m off Sunday and Monday. I’ll swing by before work one day. Thursday or Friday?

 

That's actually a credible point I hadn't thought about in regards to workers comp.

 

From what I've been told over the years, reporting injuries immediately has less to do with appeasing workers comp and more to do with not giving your employer plausible deniability. If you wait until the next shift to report an incident, that gives the boss an out when he/she asks when you first hurt it. That's why no matter how minor an injury is, report it! If you wrench your back on the clock and don't say anything, when it's killing you a day or three later you're SOL.

 

You're probably covered...as long as you go thru the proper hoops. Workman's comp is actually pretty cut and dry, and it protects the employee and employer. The next portion is cut straight from the state of Michigan workman's comp handbook:

"Where did workers' compensation come from?

In 1912 Michigan, along with most of the other states, adopted a Workmen's Compensation Act. The new remedy is essentially a "no-fault" system under which a worker no longer has to prove negligence on the part of the employer, and the employer's three defenses were eliminated. The intent of the law was to require an employer to compensate a worker for any injury suffered on the job, regardless of the existence of any fault or whose it might be.

In return for this almost automatic liability, the Act limited the amount that a worker could recover. Workers are now entitled only to (1) certain wage loss benefits, (2) the cost of medical treatment, and (3) certain rehabilitation services. Under the old system, workers had been able to recover for pain and suffering, loss of enjoyment of life, and other damages that a jury might award. Recovery under worker's compensation is limited to these three areas, no matter how serious the injury."

 

You may not have some of the final decision in this when it comes right down to it. If it gets reported to your health insurance as the injury being the result of any type of accident you will likely end up receiving an inquiry from them about the circumstances. They will want to know if it was an auto accident, occurred at work, etc. so they can attempt to go after a 3rd party (subrogation) to recover all or part of what they pay out.

 

Stay away from Worker's Comp if at all possible. Many doctors/surgeons will not take Worker's Comp cases. Keep that in mind.

 

Well the knee-jerk reaction to this question has been interesting. Just to set the record straight, I have, from the beginning, put everything dealing with this on my health insurance and not made any sort of claim to the other. Except for using it in jest to poke at my boss a little. The conversation has educated me a bit on the many ways people can read into a situation as well as more understanding of the differences between the two policies. Thank you for playing and have a wonderful day. As for where I stand, its mostly on my left leg for now.

 

No shit, this fucking pisses me off to no end. Hospital will put a fucking lean on a 3rd party at fault insurance payout real quick.
Then you are left with an injury and medical bills.

 

I always find it funny how much this board is employer/business biased. Rule of thumb is : if it happened in the workplace, you should claim for worker's comp. Even if your knee was hurting before the accident doesn't mean your injury isn't work related. If your employer wants to contest the claim, he can do so and prove your pre-existing condition and the link with the injury.

 

When you were getting checked in for any of the medical procedures, or during the exam, if you said anything relating to the workplace, you may have triggered it and not known it.

 

Stick it to the man!


I'd talk with the employer, I'd probably pay a percentage of the deductible to make it go away.

 

I agree. If it were truly a worksite accident, by all means, go for it and file a claim. Getting older and shit starts to not work like it used to and have issues? Deal with it. Everyone is so eager now a days to point the finger or get something else paid for by someone else. You say you don't want to get bent over the barrel but in the end, someone has to pay for it.

 

Cool. Turn it into a retaliation claim.
I totally understand that some employees might want to abuse the system, but in this case, somebody aggravating what might or might not be a pre-existing condition does not mean he is abusing. A Compensation Board might decide it is separate or contributive liability.

 

The Compensation Board could rule that it is only 50% related to a work injury, for example.

 

If he’s not in a “take them as they are” state, maybe. I’ve won multiple idiopathic claims for similar incidents, though.

 

I wish I had a dime for every time over the past 20 years I got hosed on a claim when the employee had a preexisting condition and aggravated it on the job and I ended up paying.