Company Rejecting Workmans Comp Support

Topic 29308 | Page 1

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Little Chief's Comment
member avatar

Need assistance from drivers that have had to battle their mega carriers for workmans comp support.

I am a tanker driver at Schneider. I tore tendon in my hand while on duty. I immediately reported to my DTL. I went into the doctor the company told me too. Hand put in splint. Xray taken, no damage. MRI taken, tendon damage suspected. The dr. Scheduled a hand specialist to look at my hand. Schneider's workman company Sedgwick block my timely MRI scan, then approved scan to be done after a month. Sedwick is now blocking hand specialist and sent letter of rejection for claim.

My vacation pay and bonus pay is not being released by company. They state they cant issue funds if I am receiving workmans comp. Segwick sent a check that says total payment. No more money provided.

I call companies workmans comp department, they state lady handling my claim in on vacation, nothing they can do until she gets back. I asked for letter stating my vacation pay and bonus amounts and when I was to recieve them, my dtl states recruiting is not getting back to her, but 3 months ago when I asked, she could pull them off screen within seconds.

I left message for my human resource agent, he wontvretutn my call, but has the workmans comp dept. Call me. The department says Sedgwick hasn't kept them up to date.

I can not use my left hand, I am substantial pain, no pay for month and half. I still have to pay insurance premiums.

I need help!

Anyone have sugfestions?

DWI:

Driving While Intoxicated

Delco Dave's Comment
member avatar

Contact a Comp lawyer, These insurance companies think everyone is faking an injury for a quick payout because so many people abuse the system. Some pressure and proof of injury presented by a lawyer may get them to cooperate

Little Chief's Comment
member avatar

Delco Dave, thank you for your input. I think your suggestion may be the end result. I can't delay much more. My hand has been throbbing for a month and half and I have to come to terms that my company cares less about my injury.

I wasn't under any illusion that I was anything more than a driver, but I would think that Schneider would see the financial benefits of getting my hand fixed quickly and get me back making them money.

I have been holding out for the company to step up. Something tells me when I get a lawyer, my employment with Schneider is over. I very much enjoyed working for Schneider bulk Ecolab dedicated.

I can't understand why anyone would lie about an injury. Workmans comp pay is no where close to a full pay check. Not to mention the doctors are trained to know an honest injury from a lie. In my case the proof is on the MRI, and the screaming I do when my finger is moved.

Contact a Comp lawyer, These insurance companies think everyone is faking an injury for a quick payout because so many people abuse the system. Some pressure and proof of injury presented by a lawyer may get them to cooperate

PJ's Comment
member avatar

Workman’s comp docs are not the best to begin with. They cannot issue a letter saying anything is final until you and a doc sign off. I sure hope you didn’t sign any agreement like that.

It sounds like you may have to go the attorney route from what you have outlined. Sorry to hear your having to deal with that.

Delco Dave's Comment
member avatar
I have been holding out for the company to step up. Something tells me when I get a lawyer, my employment with Schneider is over. I very much enjoyed working for Schneider bulk Ecolab dedicated.

Your time there may not be over. The lawyer will ask you if you want to return to work there or not. He/she will handle the case accordingly based on your answer to that question. If you want to return they will be a mediator until you are healed and back to work pending the company wants you back. If not, they will play hardball for your medical expenses, out of work pay and eventually a fair case ending settlement.

I went through this with a lower back injury many years ago. I wanted to return and company wanted me back but was physically unable to due to masonry work requiring constant heavy lifting.

It’s a shame that so many people have abused the system causing it to be this way. You shouldn’t have to fight when your proven to be injured. I wish you luck and hope you heal up and get back to work

Auggie69's Comment
member avatar

double-quotes-start.png

I have been holding out for the company to step up. Something tells me when I get a lawyer, my employment with Schneider is over. I very much enjoyed working for Schneider bulk Ecolab dedicated.

double-quotes-end.png

Your time there may not be over. The lawyer will ask you if you want to return to work there or not. He/she will handle the case accordingly based on your answer to that question. If you want to return they will be a mediator until you are healed and back to work pending the company wants you back. If not, they will play hardball for your medical expenses, out of work pay and eventually a fair case ending settlement.

I went through this with a lower back injury many years ago. I wanted to return and company wanted me back but was physically unable to due to masonry work requiring constant heavy lifting.

It’s a shame that so many people have abused the system causing it to be this way. You shouldn’t have to fight when your proven to be injured. I wish you luck and hope you heal up and get back to work

Always wondered why Workers Comp lawyers advertised.

After reading your post, now I know.

Delco Dave's Comment
member avatar
Always wondered why Workers Comp lawyers advertised.

Obviously the lawyers are in the game to make money but they are also looking out for the little guys. A company with good business practices and management will make you and your families well being and your healing/return to work a primary concern. They will comply with the laws, pay you while your out, get you fixed up and back to work. Under those circumstances, no lawyer is needed. Unfortunately, far too many companies consider an injured employee an enemy and work every little grey area of the law to not have to comply, thats when the lawyers come into play hence why they advertise

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Rick S.'s Comment
member avatar

double-quotes-start.png

Always wondered why Workers Comp lawyers advertised.

double-quotes-end.png

Obviously the lawyers are in the game to make money but they are also looking out for the little guys. A company with good business practices and management will make you and your families well being and your healing/return to work a primary concern. They will comply with the laws, pay you while your out, get you fixed up and back to work. Under those circumstances, no lawyer is needed. Unfortunately, far too many companies consider an injured employee an enemy and work every little grey area of the law to not have to comply, thats when the lawyers come into play hence why they advertise

Nahh - take it from someone who has been working for lawyers for almost 40 years. They're in it for the $$.

That being said - it's a different story the way lawyers handle WC cases, when you're looking to get back to work - versus - looking for a permanent disability claim. And there's more $$ for lawyers on clients looking for perm disability. A comp attorney (like a PI attorney) usually works on contingency on a settlement (similar to SSI disability attorneys, who get a percentage of your retro-active claim when they finally put you on it). HOW HARD the attorney works for you is in direct proportion to WHAT'S IN IT FOR HIM. Not that I don't know some (OK - one or two) attorneys that have ACTUAL INTEGRITY - but let's not make them out to be some sort of paragons of virtue either. Funny - works for attorneys/yet despises them?

And without getting into too many compromising details - HOW - on the job, did you tear the tendon? IS the WVC company hassling you because you could have injured it OFF THE JOB, or because of a safety violation (like falling off the cab, because you didn't maintain 3 points of contact)? In other works - THEY ARE QUESTIONING THE VALIDITY OF THE CLAIM?

Are you a lease/op? Did you have regular company insurance (HMO/PPO/etc)? Did you attempt to get seen on your REGULAR INSURANCE? Depending on your coverage - even an OTJ injury, you should be able to be seen and get the situation remedied on your REGULAR INSURANCE. I'm on an ACA PPO - I hurt myself, I'm in and MRI machine 1/2 hour after I hit the ER, and at my ortho within a couple of days.

Wait a MONTH to get an MRI and see a hand/ortho specialist? What are we here - Great Britain's National Health System?

The longer it waits - the more damage is done - the more difficult it is to repair/rehab.

An attorney or your regular health insurance might be the next move - especially if WC says it's not a work related injury.

Rick

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Little Chief's Comment
member avatar

Thank you everyone for support and input.

To follow up on your questions Rick,

I am a company driver. I took out full medical, dental, vision when I started company. My company's WC dept. said they would set up my doctors. I had no idea they delay like they are.

I called my family doctor and he stated the injury was WC related and I needed to follow company guidelines to start. Then when I called back after month of delays he was very concerned as you stated the damage could be worsening. In fact it has. More spasms, finger locks in painful position without notice. I was advised to file an insurance complaint with my states insurance commissioners. Which leans towards legal action against my company.

No safety issues involved like 3 points of contact etc. I was simply turning a valve. As far as injury on off duty time, thats not possible due to not being out of truck for thirty days. Had not had home time for thirty days. Drove to customer location was performing tasks safetly when tendon snapped.

Sedgewick agent said that I had not even seen a MD doctor just a PA, and they don't see how turning a valve could do any damage. The rejection paperwork does not specifically state reason for rejection. I told agent I went to the medical staff they set up. If they wanted a MD and not a PA they should have set up the MD Of their choice. But they are acting as if I am in some way negligent for not seeing an MD.

I have had a couple members of my company contact me discreetly, Apparently when an injury occures rejection letters are standard practice. Those that fight back get some sort of compensation however getting back in the company truck is rare. I was advised to contact my health care provider to get immediate care. Delaying medical care can cause irreversable damage. It felt good to hear vetted company members reaching out to protect a driver, especially someone new. At same time it was distressing to hear leadership having to do behind the scenes calls to protect drivers. Shame on the company higher ups

My primary concern is my injury. If lawyers need to be involved then the decision was made by my companies lack of follow their core values, integrity. It was Schneider's core values and emphasis on safety that sold me on working for the company.

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

Always wondered why Workers Comp lawyers advertised.

double-quotes-end.png

double-quotes-end.png

Obviously the lawyers are in the game to make money but they are also looking out for the little guys. A company with good business practices and management will make you and your families well being and your healing/return to work a primary concern. They will comply with the laws, pay you while your out, get you fixed up and back to work. Under those circumstances, no lawyer is needed. Unfortunately, far too many companies consider an injured employee an enemy and work every little grey area of the law to not have to comply, thats when the lawyers come into play hence why they advertise

double-quotes-end.png

Nahh - take it from someone who has been working for lawyers for almost 40 years. They're in it for the $$.

That being said - it's a different story the way lawyers handle WC cases, when you're looking to get back to work - versus - looking for a permanent disability claim. And there's more $$ for lawyers on clients looking for perm disability. A comp attorney (like a PI attorney) usually works on contingency on a settlement (similar to SSI disability attorneys, who get a percentage of your retro-active claim when they finally put you on it). HOW HARD the attorney works for you is in direct proportion to WHAT'S IN IT FOR HIM. Not that I don't know some (OK - one or two) attorneys that have ACTUAL INTEGRITY - but let's not make them out to be some sort of paragons of virtue either. Funny - works for attorneys/yet despises them?

And without getting into too many compromising details - HOW - on the job, did you tear the tendon? IS the WVC company hassling you because you could have injured it OFF THE JOB, or because of a safety violation (like falling off the cab, because you didn't maintain 3 points of contact)? In other works - THEY ARE QUESTIONING THE VALIDITY OF THE CLAIM?

Are you a lease/op? Did you have regular company insurance (HMO/PPO/etc)? Did you attempt to get seen on your REGULAR INSURANCE? Depending on your coverage - even an OTJ injury, you should be a

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Auggie69's Comment
member avatar

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

I have been holding out for the company to step up. Something tells me when I get a lawyer, my employment with Schneider is over. I very much enjoyed working for Schneider bulk Ecolab dedicated.

double-quotes-end.png

double-quotes-end.png

Your time there may not be over. The lawyer will ask you if you want to return to work there or not. He/she will handle the case accordingly based on your answer to that question. If you want to return they will be a mediator until you are healed and back to work pending the company wants you back. If not, they will play hardball for your medical expenses, out of work pay and eventually a fair case ending settlement.

I went through this with a lower back injury many years ago. I wanted to return and company wanted me back but was physically unable to due to masonry work requiring constant heavy lifting.

It’s a shame that so many people have abused the system causing it to be this way. You shouldn’t have to fight when your proven to be injured. I wish you luck and hope you heal up and get back to work

double-quotes-end.png

Always wondered why Workers Comp lawyers advertised.

After reading your post, now I know.

That said, I was out for about 8-weeks due to an injury. Sedgwick managed the claim. Nary a problem. They kept in communication and I was paid like clockwork. They never bothered me about going back to work. That happened on my schedule and, actually, was quite glad to get back off my ass and working again.

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