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re: Is workers comp difficult to deal with?

Posted on 5/16/26 at 6:52 am to
Posted by TheGasMan
Member since Oct 2014
3485 posts
Posted on 5/16/26 at 6:52 am to
quote:

No travels

Got her back blown out on a work trip?
Posted by litenin
Houston
Member since Mar 2016
2752 posts
Posted on 5/16/26 at 7:05 am to
I worked for a company once that used a 3rd party to act as 1st line of defense to help lower WC claims. For example, minor finger cuts that don’t quite need stitches. If the finger does need stitches, then the 3rd party would guide them to seeking medical treatment and a likely formal claim.

Claims lead to higher WC Insurance rates for the company. Too many claims can really impact the rates significantly.

Minor strained back is another tricky one. If the company is paying you while providing lighter duties, probably shouldn’t be a claim.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
80855 posts
Posted on 5/16/26 at 7:31 am to
quote:

It was for the past two weeks which she only worked like : days out of the two weeks.


Are they using her PTO and then filing the claim after it runs out?
Posted by Quatre Pot
Member since Jan 2015
1831 posts
Posted on 5/16/26 at 8:16 am to
Workers comp is a MASSIVE pain in the arse to deal with.
They only pay something like 60% of your pay up to a limit and, while they technically are there to cover medical expenses related to the injury, they fight tooth and nail on every cent. If the company is paying her and insurance is covering it, you’re better off in my humble opinion
Posted by cfsh233
Member since Aug 2021
93 posts
Posted on 5/16/26 at 8:21 am to
That's not really accurate. It pays 66 2/3 of their average weekly wage TAX FREE.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290857 posts
Posted on 5/16/26 at 8:34 am to
quote:

Are they using her PTO and then filing the claim after it runs out?




this is how our company handles it with hourly employees. They will let them exhaust PTO/ VAC / sick time to ensure they are being paid in between waiting periods
This post was edited on 5/16/26 at 9:31 am
Posted by MexicanBurtReynolds
Fairhope, AL
Member since Feb 2010
433 posts
Posted on 5/16/26 at 8:34 am to
Let's see here....

Salary WC claim is rare

Back, shoulder, knee....almost always a scam.

Just got back from another injury

WC runs concurrent with FMLA, so if she has another "injury" at work, or elective surgery, FMLA may be exhausted.

Most importantly, you came to the right place!
Posted by deltaland
Member since Mar 2011
102695 posts
Posted on 5/16/26 at 8:56 am to
If you file a WC claim you give up the right to sue for negligence

If she is salaried and they’re still paying her and if the company provides health insurance that’s covering medical bills there no point in filing the claim
Posted by Festus
With Skillet
Member since Nov 2009
86128 posts
Posted on 5/16/26 at 9:11 am to
WC covers lost wages, and medical bills. Many companies continue to pay salary or wages, in an effort to keep their costs down on future premiums. The carrier pays just the med bills. The claim is handled as a MED only, to keep their EMOD smaller.

This is better for your wife. Her take home should be a bit higher than the 66 2/3 of gross wages.

For those stating they are making her take PTO until it runs out, that’s illegal. She needs to make sure it’s her normal paycheck, not PTO. WC precludes an employee from losing their PTO in lieu of pay. The state prohibits it.

Later, if it drags on, they can convert it to lost time and WC will then pick up weekly payments and company will stop paying salary.

ETA: 95% of every response in this claim is completely false. The one just above mine made me audibly lol.

This post was edited on 5/16/26 at 9:17 am
Posted by tigersbb
Member since Oct 2012
12961 posts
Posted on 5/16/26 at 9:20 am to
quote:


Workers comp is a MASSIVE pain in the arse to deal with.
They only pay something like 60% of your pay up to a limit and, while they technically are there to cover medical expenses related to the injury, they fight tooth and nail on every cent. If the company is paying her and insurance is covering it, you’re better off in my humble opinion


You are creating issues where none exist. The WC act mandates the injured worker receives 2/3 of the average weekly wage up to the limit which is set annually.

There is a fee schedule which governs the amount paid for each procedure regardless of what the provider bills. If there is a dispute on what is owed that is between the WC carrier and the provider and the claimant has no involvement. They are not billed for a co-pay.
Posted by tigersbb
Member since Oct 2012
12961 posts
Posted on 5/16/26 at 9:23 am to
quote:


If you file a WC claim you give up the right to sue for negligence


The employee cannot sue for negligence ( except in extremely extremely rare situations described as intentional tort) so the employee gives up nothing in accepting WC benefits.
Posted by tigersbb
Member since Oct 2012
12961 posts
Posted on 5/16/26 at 9:30 am to
quote:

this is how our company handles it. They will exhaust PTO/ VAC / sick time before any other compensation is paid.


If this is mandated by the e mployer it is illegal. If the chooses to employee utilize their PTO because it is higher than the WC rate that is fine.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290857 posts
Posted on 5/16/26 at 9:32 am to
It’s not mandated, and im speaking relative to hourly employees. In some cases the injury will never materialize into a claim.
Posted by tigersbb
Member since Oct 2012
12961 posts
Posted on 5/16/26 at 9:36 am to
quote:


Got her back blown out on a work trip?


Auto accident, trip and fall, lifing supplies, breaks a tooth while dining with a client (yep), gets mugged etc. Unless engagted in nefarious activity like the Georgia man who was killed after soliciting a prosatitute anything on the trip is considered in the course and scope of employment.
Posted by sleepytime
Member since Feb 2014
3908 posts
Posted on 5/16/26 at 9:39 am to
I have your answer bro but let me preface it by saying there's 2 main parts to a work comp claim: medical and indemnity(lost wages). Some employers keep paying a workers salary while their out on comp to support their worker financially better than comp indemnity benefits, which are a fraction most people's salary, and it helps the employer keep the employers insurance costs down in other ways. There's nothing nefarious or underhanded going on at all. She's financially better off receiving salary in lieu of comp indemnity and lucky to work for an employer willing to pay that.

I looked up the current benefits and it's 2/3 of your average weekly wage with a max of $877 per week in LA.

100% of wages is better than 2/3.


Posted by tigersbb
Member since Oct 2012
12961 posts
Posted on 5/16/26 at 9:40 am to
quote:


It’s not mandated, and im speaking relative to hourly employees. In some cases the injury will never materialize into a claim.


The employer can self handl but if it later develops into a major claim the carrier can elect not to cover the loss if they were prejudiced and lost some defenses that might have been available . The employer would still be liable for ongoing costs.
Posted by TigerGman
Center of the Universe
Member since Sep 2006
14013 posts
Posted on 5/16/26 at 9:41 am to
Work Comp adjusters are al first class assholes. Check are late can't get them on the phone all sorts things to make so frustrated you take a low ball settlement you're so tired of dealing with their bullshite
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290857 posts
Posted on 5/16/26 at 9:44 am to
quote:

The employer can self handl but if it later develops into a major claim the carrier can elect not to cover the loss if they were prejudiced and lost some defenses that might have been available


Not even taking about self handling

If an associate is injured and restricted from work indefinitely, but that only ends up being a week, he misses out on wages all together if they don’t elect to use covered accruals, for instance.
Posted by tigersbb
Member since Oct 2012
12961 posts
Posted on 5/16/26 at 9:51 am to
quote:

Most lawyers who do this type of work offer free consultations.

It’s probably worth your time to call one and go sit down with them.


Lets assume that indemnity is being paid and all medical costs are covered and there are no contentious issues. The attorney will still create issues and plant the idea that they need representation to assure the claimant is receiving all that is due. If the claimant retains the attorney he will diret them to a plaintiff oriented doctor who may do unneccesssary and harmful surgery ultimately making the attorney wealthier but the claimant no better physically.
Posted by tigersbb
Member since Oct 2012
12961 posts
Posted on 5/16/26 at 10:10 am to
quote:


If an associate is injured and restricted from work indefinitely, but that only ends up being a week, he misses out on wages all together if they don’t elect to use covered accruals, for instance.


I don't disagree, but there is obvioulsy a medical component involved. The employee gets to choose their doctor and the WC carrier can have them examined by thei r choice. If the employer sends them to a doctor that is the same as the WC carrier's choice. Let say the empoyee gets terminated eight moths late and decides his old injury is flaring up. This has limited some of teh options available to the carrier. Emplooyers should report all injuries no matter how minor they appear to be.
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