re: Is workers comp difficult to deal with?

Every state is different and I’m not overly familiar with your state. However, if the employer already reported the injury to the wc insurance company, they are not trying to hide or minimize anything. The insurance company is required to report the injury to the state, in most jurisdictions. Your wife claim is fine and there is no immediate reason to worry. She needs to talk to her adjuster if she has any questions. Skip HR outside of just keeping them in the loop. Employer HR has no power and is generally useless.

Most states have a mandatory waiting period before wc picks up indemnity payments (TTD) after someone has been placed off work by a physician and the employer is unable to accommodate restrictions. Usually something like no pay for first 7 days unless you miss over 14 days. The WC insurance company will not issue any indemnity payments until after 2 weeks.

In most jurisdictions, the employer may elect to continue salary in lieu of potential TTD payments from the insurance company. This has no impact on your wife’s claim.

No need for an attorney unless she reaches MMI and has a permanent impairment, at which you may want one if you disagree with what has been assessed.

There are strict laws about how wc insurance companies handle claims and most companies do not mess around and operate in bad faith. Plaintiff attorneys are more likely to take your money for nothing versus an overworked and underpaid adjuster.

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No need for an attorney unless she reaches MMI and has a permanent impairment, at which you may want one if you disagree with what has been assessed.

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Wrong. There are many reasons to talk to an attorney, very easy to get a 1208 fraud claim talking to an adjuster. They are not friends

I don’t think workers comp payments kick in until after a week or 2 of missed work.

Her employer is probably still paying her in the mean time because they’re trying to take care of their employee and not leave her without a paycheck.

I highly doubt that an employer with an HR department would try to sweep it under the rug to avoid notifying their workers comp insurance company because then they run the risk of the insurance company denying a claim for failing to provide prompt notice of an incident. Then the employer is on the hook instead of their insurance company. Employer pays for workers comp insurance for a reason.

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the typical claimant who believes everyone is out to get them.

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OP has ptsd from being bent over apparently.

Employer (if they choose) can pay injured worker directly and WC will pay all medical bills including diagnostic tests, surgery, therapy, Rx , etc … This rarely happens and I’ve only seen it handled this way a few times. Usually by a family owned business that is very successful financially and the injured worker has many years invested with the insured.

Meant that in the simplest of terms of if they try anything and you need to sue for the worst case scenario. That’s it.

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you need to sue for the worst case scenario. That’s it.

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That word is even itchier.

There are no lawsuits in comp (save for third-party tort actions); they are administrative claims handled by the state's comp commission, and disputes are heard by administrative judges, usually called commissioners.

It is just a technical point, rather pedantic.

Pretty pedantic. Just a simple point trying to make.

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Pretty pedantic.

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I was being kind in an attempt to be non-confrontational. The use of "lawsuit" and "sue" in reference to a WC claim indicates a complete lack of knowledge of the basic mechanisms that underpin the system's function.

A regular paycheck is significantly more than workers comp will pay. If they are covering medical costs, win-win for her. Workers comp is a pain in the arse…or whatever body part she hurt.