Denied WC claim

[Super brown man]

Wish you the best! Same thing happened to me, knee injury happened at work, I reported it at the end of my shift to management got denied WC, hired an attorney filed an appeal went to mediation and did not get settled there on my way to a hearing in a few months in front of a judge. It's been hell but gonna fight it all the way!

 

[Covemastah]

Call the hall ,, they have a lawyer for this , I know ours does !!

 

[Nothing by 1030 anymore]

Call the hall ,, they have a lawyer for this , I know ours does !!

Lol. Calling my hall is like waking the dead...still dead

 

[Cyclops]

Ahhh UPS such concern for your workers!!!!

Yeah I was just saying to my shop steward that you don't realize how valuable you are until you get injured.

 

[Cyclops]

Wish you the best! Same thing happened to me, knee injury happened at work, I reported it at the end of my shift to management got denied WC, hired an attorney filed an appeal went to mediation and did not get settled there on my way to a hearing in a few months in front of a judge. It's been hell but gonna fight it all the way!

Best of luck to you too man. Keep me posted if you don't mind.

 

[barnyard]

Look at the laws in your state, then check into the doctor that is prescribing surgery. Some doctors have better reputations than others and some have more comp cases reversed than others. It might be the case where you need your current doc to refer you to another doc and that may get things going in the right direction.

Above all, know your state's comp laws.

 

[Nothing by 1030 anymore]

Look at the laws in your state, then check into the doctor that is prescribing surgery. Some doctors have better reputations than others and some have more comp cases reversed than others. It might be the case where you need your current doc to refer you to another doc and that may get things going in the right direction.

Above all, know your state's comp laws.

Seriously? The law has nothing to do with liberty mutual deciding it's not work related . Dr gives them the findings and they decide. If you don't report it with exact date and time and location of when you felt it , your screwed. Seen it happen many times to stupid drivers .

 

[35years]

Seriously? The law has nothing to do with liberty mutual deciding it's not work related . Dr gives them the findings and they decide. If you don't report it with exact date and time and location of when you felt it , your screwed. Seen it happen many times to stupid drivers .

Not true.

1. Liberty Mutual can, and does, often base their findings on the "manager's report" which may conflict with the doctor's opinion.

2. Exact time and date on repetitive motion injuries are not always needed, or even possible. Any competent workman's comp attorney knows how to deal with claims being denied just because an exact time of injury is not established. Just because Liberty Mutual initially denies coverage does not mean they do not have to eventually pay. I know several UPS employees who were initially denied comp but later had it reversed.

The OP should seek out his own doctor if he is currently using the UPS doctor. He should also contact his State's worker's comp hotline and ask for advice. Also ask for references for a good worker's comp attorney from others who have had success fighting this fight, the hall is a good place to start.

Ask for any monetary penalty your State laws provide for...for unfairly denying your claim. Do not delay, there are usually deadlines.

 

[35years]

In many states the work activities only need to be a significant contributing factor to the disability, not the only factor that necessitates the medical care.

Does the employee's work activities aggravate or accelerate the injury (alternatively, did work cause the injury). Either would justify a valid claim in many States

 

[Cyclops]

Look at the laws in your state, then check into the doctor that is prescribing surgery. Some doctors have better reputations than others and some have more comp cases reversed than others. It might be the case where you need your current doc to refer you to another doc and that may get things going in the right direction.

Above all, know your state's comp laws.

I be been reading the laws. Here is an excerpt from the workers coming website, "Workplace injuries which occur while the employee is performing their normal job duties are generally covered by North Carolina workman's compensation."
The "normal job duties" part was exactly why my adjuster told me that I was denied.

 

[bottomups]

Liberty Mutual has denied my workers compensation claims twice. Both times they lost their case in front of an administrative law judge.

 

[35years]

You need a lawyer... now.
Here is a link to an explanation of how repetitive work injuries are covered in NC.

Repetitive motion conditions are considered to be an occupational disease and therefore payable under North Carolina's workers' compensation law

Don't mess around with this. You are not a lawyer, and the injury could last decades causing you to lose hundreds of thousands if classified incorrectly.

 

[Johney]

Every upser should be taught by the union... In order to use workers comp you always need an exact time and place and how it happened. Had he slipped and twisted his knee he would be fine regardless of how it happened

Repetitive injuries may show up far different on an MRI than say a traumatic injury,so if you know it's been hurting for a while so will a good Dr. There is a fine line when reporting things that have been hurting for a while as something I just did on such and such a date and time. OP needs to find a better attorney the first one sucked.

 

[Cyclops]

Lots of conflicting information from lawyers. Some have said that they will not represent me because my injury is due to repetative motion, which workers comp in my state does not cover. Others have lots of detail on their websites about how they specifically represent repetative motion injuries.

 

[RealPerson]

Depends on what State you are in. I suggest hiring an attorney!

Remember repetitive motion can lead to an injury, you need to list an exact time and date that did the final damage....... understand

 

[UpstateNYUPSer(Ret)]

Depends on what State you are in. I suggest hiring an attorney!

Remember repetitive motion can lead to an injury, you need to list an exact time and date that did the final damage....... understand

Not necessarily-----often times it may be possible to pinpoint the exact time and date.

 

[Cyclops]

I spoke with a lawyer today who informed me that since my injury was no a "traumatic accident", I have to get a doctor to officially state that his or her opinion is that years of working at UPS caused me to be more susceptible to getting my injury than the general public would be. And that he or she believes this is what happened. Thoughts?

 

[UpstateNYUPSer(Ret)]

I spoke with a lawyer today who informed me that since my injury was no a "traumatic accident", I have to get a doctor to officially state that his or her opinion is that years of working at UPS caused me to be more susceptible to getting my injury than the general public would be. And that he or she believes this is what happened. Thoughts?

Sounds good to me.

 

[Nothing by 1030 anymore]

I spoke with a lawyer today who informed me that since my injury was no a "traumatic accident", I have to get a doctor to officially state that his or her opinion is that years of working at UPS caused me to be more susceptible to getting my injury than the general public would be. And that he or she believes this is what happened. Thoughts?

Exactly...that's what first dr should have said

 

[Cyclops]

Wish you the best! Same thing happened to me, knee injury happened at work, I reported it at the end of my shift to management got denied WC, hired an attorney filed an appeal went to mediation and did not get settled there on my way to a hearing in a few months in front of a judge. It's been hell but gonna fight it all the way!

Are you having a doctors testify in your behalf at your hearing? I have heard that is the only chance I have at winning.