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re: Is workers comp difficult to deal with?

Posted on 5/15/26 at 9:46 pm to
Posted by ummagumma
Member since Aug 2012
396 posts
Posted on 5/15/26 at 9:46 pm to
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.
Posted by Got Blaze
Youngsville
Member since Dec 2013
10126 posts
Posted on 5/15/26 at 9:48 pm to
What a state do you reside in … LA, TX ? Other ? Each state is totally different how WC claims are adjusted.

What is your wife’s job title and daily responsibilities? Perhaps the employer values your wife’s work experience and professionalism. They may be wanting to help her out financially by paying her normal salary vs. WC paying her 2/3 of her salary. WC will be responsible for any medical bills incurred as a result of this work injury. Your wife has a right to see her physician (and specialty) of choice. WC also has their right to send your wife to their choice of physicians.

I’ve personally seen it handled both ways … WC payments vs. employer normal paychecks. Lots of variables to factor in this decision by the insured.
Posted by Proximo
Member since Aug 2011
24752 posts
Posted on 5/15/26 at 9:48 pm to
quote:

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.

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
Posted by shoelessjoe
Member since Jul 2006
11467 posts
Posted on 5/15/26 at 9:50 pm to
So my wife being paid does not affect WC from still covering medical costs? Can the employee continue to pay her and WC just cover medical? Is that allowed? I’m in LA.
Posted by Tiger Prawn
Member since Dec 2016
26073 posts
Posted on 5/15/26 at 9:57 pm to
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.
Posted by ummagumma
Member since Aug 2012
396 posts
Posted on 5/15/26 at 9:58 pm to
quote:

Wrong


Whatever. The adjuster will prefer to deal with an attorney anyway. It makes life easier than dealing with the typical claimant who believes everyone is out to get them.
Posted by Gee Grenouille
Member since Jul 2018
8324 posts
Posted on 5/15/26 at 10:02 pm to
quote:

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


OP has ptsd from being bent over apparently.
Posted by ummagumma
Member since Aug 2012
396 posts
Posted on 5/15/26 at 10:02 pm to
quote:

So my wife being paid does not affect WC from still covering medical costs? Can the employee continue to pay her and WC just cover medical? Is that allowed? I’m in LA.


Yes, WC will cover medical regardless of how TTD or salary in lieu is paid.
Posted by Got Blaze
Youngsville
Member since Dec 2013
10126 posts
Posted on 5/15/26 at 10:04 pm to
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.
Posted by eyeofthetiger2121
Member since Sep 2021
101 posts
Posted on 5/15/26 at 10:09 pm to
(no message)
This post was edited on 5/27/26 at 10:15 am
Posted by Chad504boy
4 posts
Member since Feb 2005
179552 posts
Posted on 5/15/26 at 10:21 pm to
Jesus. Work comp always pays. Zero to worry about. Go touch grass.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30817 posts
Posted on 5/15/26 at 10:27 pm to
quote:

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


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.

Posted by boosiebadazz
Member since Feb 2008
85952 posts
Posted on 5/15/26 at 10:31 pm to
Ole boy is getting the quality of advice he’s paying for here.
Posted by eyeofthetiger2121
Member since Sep 2021
101 posts
Posted on 5/15/26 at 10:36 pm to
Pretty pedantic. Just a simple point trying to make.
Posted by TheDeathValley
Louisiana
Member since Sep 2010
20664 posts
Posted on 5/15/26 at 10:52 pm to

She will continue to get a paycheck.

Claims are typically handled by a third party, travelers for example.

Will she use PTO/STD/FMLA?


All she has to do is tell her physician it is work related - it will get routed to her business even if they didn’t file a claim.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30817 posts
Posted on 5/15/26 at 11:05 pm to
quote:

Pretty pedantic.


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.
Posted by Pendulum
Member since Jan 2009
8142 posts
Posted on 5/15/26 at 11:28 pm to
Employer probably paying until workers comp salary payments would kick in if they need to, and the first instinct is the employer is a shitbag trying to get around something and screw you over.
Posted by p0845330
Member since Aug 2013
6130 posts
Posted on 5/16/26 at 1:07 am to
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.
Posted by jdd48
Baton Rouge
Member since Jan 2012
23973 posts
Posted on 5/16/26 at 6:52 am to
Make sure you keep her in the house and don't let her perform ANY kind of physical activity that could be caught on camera. Workers' comp companies will often send out a PI on back claims.
Posted by TheGasMan
Member since Oct 2014
3488 posts
Posted on 5/16/26 at 6:52 am to
quote:

No travels

Got her back blown out on a work trip?
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