The Top 5 Mistakes People Make in Workers Compensation Claims

Virginia and North Carolina Workers Compensation Attorney Joe Miller of Joe Miller Law and The Work Injury Center here discusses and counts down the top five mistakes people make when attempting to pursue a workers compensation claim. With over 31 years of practicing law, Joe has seen it all. You will not want to miss this video so that if you or a loved one are injured, you can avoid making these same mistakes. If you or a loved one has been hurt at work, please do not hesitate to call us at 888-622-8656, or visit us at our website, www.TheWorkInjuryCenter.com

Пікірлер: 135

  • @rodboijones7390
    @rodboijones73903 жыл бұрын

    thanks for this very informative video!!!! so glad i came across this information!

  • @HugoRRoca
    @HugoRRoca2 жыл бұрын

    One thing I've gone through was my boss telling me he can accommodate, for me to go home and sleep it off because May be in just tired.. I said "no. I have to go see urgent care", which I did. Now I got more paperwork supporting my injuries

  • @personalinjuryshow
    @personalinjuryshow Жыл бұрын

    Very helpful information, thanks.

  • @lillyhammer1227
    @lillyhammer12273 жыл бұрын

    Interesting and good information

  • @soccerbabe13129
    @soccerbabe131292 жыл бұрын

    Thank you! I haven't been able to work for 3 years because the hospital put down I only hurt my neck but misdiagnosed me. I said to over 30 different people other body part on the same side were injured and I kept noting it but still they refuse to look at my arm and trapezius on the same side. I have a pinched nerve I think because of a fracture. It feels like a piece of bone is hitting the nerve. I feel helpless.

  • @specialboy7809
    @specialboy7809 Жыл бұрын

    Thank you

  • @JoeMillerLaw

    @JoeMillerLaw

    Жыл бұрын

    You are very welcome. ❤❤❤

  • @andreaorsini6678
    @andreaorsini6678 Жыл бұрын

    Hi thank you for being so honest I live in Massachusetts and the judge denied my claim can I speak to the judge that denied my claim thank you for your time.

  • @786kviews8
    @786kviews82 жыл бұрын

    Please, I have a question. In fact, the employer filed the form 36 to suspend the weekly benefits but after the informal hearing the judge dismissed the 36. The issue now is that the employer who already suspended the weekly payment 3 weeks before the hearing, is refusing to continue the payment. There is no other pending form. Which action the employee can take? Thanks

  • @rosadeen6756
    @rosadeen67563 жыл бұрын

    I have a question I'm from Michigan, I got injure broke my plexus at work and have nerve damage, my employer claim that I have no case because I went back to school after I got injured. Still is hard for me to sit on my computer and do homework something that will take 30 min typing take me couple of days due to pain I do my assignment in segments.

  • @bryanbarajasBB
    @bryanbarajasBB2 жыл бұрын

    Crazy. I have be careful then. I have a hernia, according to a doctor, work related, thing is my employer just said to wear a belt support and nothing further. I'm attempting now to document as best I can about my situation and response from my employer. I also suspect that he wants for me to quit, but can't do that now can I. Houston, TX.

  • @reusparx
    @reusparx2 жыл бұрын

    I have a question, I’ve been out for 5 months now randomly hr finally tells me since I been out the work insurance added up and now I owe a balance, something that was never told from the start.. can i stop the insurance and still receive the workers comp docs and surgery that i will be getting

  • @Ubermenscha
    @Ubermenscha2 жыл бұрын

    Thank you for this information, ,much appreciated. How do you find your workmans' comp claim if the office wont give you the claim number or the number even to the HR department? I am helping my roommate as much as possible through this; however, his office is not helping him at all. They even took his work load off the schedule for the day of the injury, to try to cover this up. I am petty sure that is against the law, though i am not a lawyer. This is insane that he has to go through this. He is an American citizen, and I am helping him because he is Latino and is unfamiliar with the laws. I am worried he is being taken advantage of. I have made sure he has copied all his emails, messages, doctors records, even his weekly time card. I am in the process of helping him fill out his claim, and still, now, a week later, I cannot definitively tell you whether his employer has even filed a 1st report of injury. Now, the only thing his manager has told him is that he can't come back to work until HR finalized there investigation/claim (????), even though he turned in his doctor's note that released him to light duty. His manager has been talking to the office about his claim (which doesn't that fall under the privacy act?), as he has received texts from other employees asking him what is going on (which I also had him save), and she wants all his records to send to HR, and his manager stated he is not allowed to contact HR (all of which I have documented for him). This is really strange to me and as much as what I am typing doesn't make sense, either does any of this to me as well.

  • @lacretiafluellen8321
    @lacretiafluellen8321 Жыл бұрын

    Can you do a video that specifies that the date of your claim is not necessarily the date of your workplace accident but the date an injury was discovered and deemed an disability..and whether the Statute of Limitations applies if your employer did not report your workplace accident as required after making written report to them Thank you for your videos

  • @JoeMillerLaw

    @JoeMillerLaw

    Жыл бұрын

    Thank you for your question. I can certainly do a video as to the First Report of Injury (FROI). I didn't want to get off topic in this video, but at least in VA, yes, it is true that if the employer does not file a FROI, the statute of limitations does not start to run until it is filed. This is because the FROI contains NOTICE to the employee about his or her rights under the Act. As to the other thing you mentioned re disability, that is not true, at least in VA or NC to my knowledge. If a FROI was timely filed, you have two years to file your claim for the injury, regardless of the level of disability. You may be thinking about certain occupational diseases, and yes, in those cases , such as asbestosis, the SOL does not start to run until the diagnosis is communicated to you by your doctor. Or you may be thinking about what we call in VA a "compensable consequence" of the original injury. You would have two years from the date that consequential injury was discovered to file for that. An example might be your left leg suffering later injury due to excessive use and putting excess weight on it, because of your original right leg injury and surgery. We see that sort of thing a lot. Hope that helps.

  • @darrensmall2894
    @darrensmall28942 жыл бұрын

    Do you suppose to get per diem added yo your worker’s comp

  • @cindyreamer5745
    @cindyreamer57452 жыл бұрын

    What about new york state workers compensation laws how long do have claim

  • @miriamdelarosa6803
    @miriamdelarosa68032 жыл бұрын

    I fell at work I’m 16 and slipped on wet floor while mopping, I wasn’t wearing nonslip shoes and your supposed to but I was waiting to order them, I got a bad bruise and hit my ear/cheek, can I get workers comp? What exactly is it?

  • @soccerbabe13129
    @soccerbabe131292 жыл бұрын

    Is a C9 the same as the from you're talking about for #2? I have no idea what to do to get the other parts injured severely thay they refuse to add to the claim. I can't no normal activities, I can't go back to work...3 times I went out complaining about the body parts. I kept consistency and I'm on medical leave and I've missed out of about $300,000 of salary. I'm exhausted trying to stand up for myself. Advice please... 🙏 I tried to get light duty and they said no. I think I only have a month left of medical leave before they can fire me for good. 🥺 I use to work 7 days a week before I got hurt. It has ruined me and my reputation. I can't build indy race car tired anymore. I just want to be healed so I can enjoy life again and most importantly be able to work again. :(

  • @andreaorsini6678
    @andreaorsini6678 Жыл бұрын

    Hi I did everything right and I was still denied my lawyer says we can't ask the judge why is this true by the way the insurance company offered a settlement can you please tell me why they did that? Please respond as soon as possible thank you.

  • @saralindacarrasco2824
    @saralindacarrasco28242 жыл бұрын

    I slipped from a slippery greasy matt yesterday at work since I work at a deli, and I was okay just sore. But now my back is killing me. I’m not sure how does workers comp works? My mom is telling I should sue the store. But I don’t feel comfortable doing that.

  • @JoeMillerLaw

    @JoeMillerLaw

    2 жыл бұрын

    You cannot “sue” your employer in the traditional sense, but you do have rights under workers comp in VA. You must first make sure your employer is aware of your injury. They have an obligation to send you for medical treatment if neede.

  • @1Freespirit007
    @1Freespirit0072 жыл бұрын

    What about employers who don't have an accommodation, then a year later after covid lockdown they suddenly have an accommodation but the employee has moved on because they initially didn't have a position?

  • @benji8875
    @benji88753 жыл бұрын

    got hurt last year on the job in VA, (fractured right ankle)..just had my hardware removed last year and reaching MMI. I read, for my foot injury I can get up to 125 weeks of PPD.. will the commission determine the weeks or will I get 125 weeks, depending on my impariment rating?

  • @constancewilliams285

    @constancewilliams285

    2 жыл бұрын

    would you mind me asking how did it go?

  • @eddnhaila3895
    @eddnhaila3895 Жыл бұрын

    i like this guy.

  • @ttinafrederick5539
    @ttinafrederick55392 жыл бұрын

    Do I get some of the work comp

  • @oxfd611
    @oxfd6113 жыл бұрын

    Joe that was some great information. I was injured a week ago while performing patient care, in RI, for my Federal employer. And I'm happy to say that to date I have not made any of those mistakes. Needless to say, I am still scared for my health, my employment, my family, and my sanity. I do have one point of criticism, please don't call us "ambulance drivers". We are EMTs and paramedics. Again thanks for the information.

  • @JoeMillerLaw

    @JoeMillerLaw

    3 жыл бұрын

    Sorry about the moniker "ambulance drivers." Didn't mean any disrespect! Thank you for all you do!

  • @BdeJJG

    @BdeJJG

    2 жыл бұрын

    Update? Where in ri?

  • @gabeescoto6590

    @gabeescoto6590

    2 жыл бұрын

    What is said and pathetic is that Doctors take on Workers Comp. cases truly have no compassion for the injured employee. And some attorneys are the same. My injuries that I sustained at a county job will stay with til I die. An attorney here in Texas played me along. We look at how Putin in Russia has killed innocent people and the shooter at Robb school has done the same and yet our own American state employees , the work place and Doctors treat the injured employee with no regard. And I can state this because my doctor lied.

  • @cindyreamer5745
    @cindyreamer57452 жыл бұрын

    They dnt have light duty where I work can't lift over 5 lbs

  • @angeldiaz4488
    @angeldiaz44883 жыл бұрын

    Heres the thing, my mom got injured on her right arm, all she asked was for two weeks off (paid) for getting injured at work, they took her to a doctor and got an injection, but the pain was still there, instead the company puts her in another job site, then another one, alot more physical labor, needless to say her tendon is severly fractured, she filed a lawsuit against the company for basically ignoring her and not helping out the situation, but im wondering if this is exploitation from the company?

  • @JoeMillerLaw

    @JoeMillerLaw

    2 жыл бұрын

    Not unusual. The authorized treating doctor is the only one who can protect her with restrictions or removal from work.

  • @mashafranciscovna1769

    @mashafranciscovna1769

    Жыл бұрын

    What happened with your case?

  • @Eli-qr9hc
    @Eli-qr9hc3 жыл бұрын

    How long does an employee have to report a claim in NC ? EXAMPLE; a 'discomfort' at work say on 2/15 and then the pain increases greatly 2 weeks later. Would this person be able to still be covered under the window of workers comp?

  • @Nepthu

    @Nepthu

    3 жыл бұрын

    Was there an incident that caused the injury? You typically need to report an injury to your employer asap. The exact window is determined by individual state laws.

  • @Eli-qr9hc

    @Eli-qr9hc

    3 жыл бұрын

    @@Nepthu I did report it the same hour it occurred at work. I did recurve a reply from workers Comp....they says since it wasn’t an ‘accident’ they will not cover it. (Even though the injury happened at work, doing job duties)

  • @armandocastro8365
    @armandocastro83652 жыл бұрын

    What happens if your job/employer never offered workmen comp?? Or never sent you to their DR.

  • @Nestonj1

    @Nestonj1

    2 жыл бұрын

    Every job by law must have workes compensation

  • @crissymosley9026

    @crissymosley9026

    2 жыл бұрын

    @@Nestonj1 Not true in Texas they have something where the employer can be an none subscriber or subscriber

  • @GodisLovehomemade
    @GodisLovehomemade2 жыл бұрын

    if it happens why still going to the doctor your employer got off your insurance and also why on pains your manager asks you not to come back that's you have a lot of points, that is you have override in the company chooses a case manager for you but unfortunate something bad happen in your family that's needed your present and you can make it with the company case manager what can I do if I come back.

  • @jasonscott3712
    @jasonscott37122 жыл бұрын

    My boss told me to lie about how I got hurt and said he would pay for it. While I was off work with 5 pins in my finger he called me up when an employee went to jail and asked me if I'd come in. I gotten the bill and it was a little over 5k but he acted as if it wasn't a problem but about 2 weeks after that I get a call from workers comp asking me about the accident. as soon as my finger healed he came up with an reason to fire me. I never got a dime from it nor did I want anything but I still feel I wasn't treated fairly. Can someone tell me what kind of options I may have?

  • @JoeMillerLaw

    @JoeMillerLaw

    2 жыл бұрын

    Yes you may be entitled to money. Please call our office at your earliest convenience.

  • @mekrobar7872
    @mekrobar78723 жыл бұрын

    I'm in California, so I'm sure the laws are different. I made a few mistakes. Even not filing an injury report and more, but my biggest mistake was going back to work when the workers comp doctor said I had to. I was fired from my job shortly after, due to the workers comp case no doubt and I started working somewhere else while fighting my case. My injury got so bad I couldn't walk anymore. Now here's the kicker. I was rated at 100% disabled, but because the doctor rated it 90% first employer and 10% second employer somehow, in the eyes of California state disability laws it doesn't equal 100% anymore. I won on every aspect, but I'm 90% and 10% disabled. Not 100% disabled. The difference in value is huge. The difference from a half a million to a few million.

  • @Nepthu

    @Nepthu

    3 жыл бұрын

    No workers comp case is worth more than 1 million. You typically get a percentage of your pay like on unemployment. No one makes millions on unemployment either. They aren't going to pay you more in comp than you'd make in your job. Disability is a complete separate issue.

  • @mekrobar7872

    @mekrobar7872

    3 жыл бұрын

    @@Nepthu plenty of people have gotten millions. The biggest, here in California, was almost $10 million. I settled my case for 3/4 of a million.

  • @mekrobar7872

    @mekrobar7872

    3 жыл бұрын

    @@Nepthu p.s. that's not including ssdi for life.

  • @midntdlight4782

    @midntdlight4782

    3 жыл бұрын

    @@mekrobar7872 man ive been on modified duty for a year and 3 months going to every dr appointment that’s scheduled yet I’m getting denied treatment from the adjuster. No Cortazone shots no surgery no treatment. What am I missing here??

  • @mekrobar7872

    @mekrobar7872

    3 жыл бұрын

    @@midntdlight4782 you have a lawyer? Without a lawyer you ain't getting what you want or need.

  • @patricepierre4592
    @patricepierre45922 жыл бұрын

    Can I work for another job while receiving money from workers compensation from another job ?

  • @marvintalbot5075
    @marvintalbot50752 жыл бұрын

    I smashed my face in on the job WSBC gave me one week off. Dentist removed teeth doctor put me on T3s and muscle relaxers... My question is. Is it or is it not illegal to drive operate or be in control of a motor vehicle while on T3s and muscle relaxers? I am a class 1 driver BC WSBC and ICBC have rules about being intoxicated on the job. Was I right in refusing to drive professionally?

  • @rhondaholmes4477
    @rhondaholmes44772 жыл бұрын

    I work for Amazon in Memphis Tn, I made the mistake not reporting my injury because I just thought I pull a muscle, as time went by I noticed my right prominent arm getting worse. I go to the on site med and report my injury and told them I just thought it was I pull muscle. They told me to choose a doctor the insurance company gave me claim number. I go to the doctor he put me on light duty. unbeknownst to Safty people I have a underlying condition that is to keep me on the first floor and they said they could not accommodate me. I went in for the first 3 days and was turn away. I work 4 days a week.10 hour shifts. As of Wednesday of this week they deny my claim. I text my Case manager over my case he said I reported it to late and the he said no finding mechanism. From my understanding the doctor was to set up a Nerve Conduction and PT. Do I still have a case? because I'm tired of jumping through these hoops.

  • @JoeMillerLaw

    @JoeMillerLaw

    2 жыл бұрын

    Sorry for the late reply. So we only represent folks in VA and NC so I cannot really provide you any answers with regard to a TN Workers Comp claim. I can tell you that in VA, you have up to 30 days to report your accident. So if you reported it a week later, they generally would not be able to deny on that basis; however, some states also have other laws that you have a specific traumatic incident to claim an injury. This means that if you were just doing your normal job and the arm just started to hurt, you have no case. In many states, the injury has to be related to a specific traumatic incident. This may be what the Case Manger means about "no finding mechanism." I recommend that you speak with a TN Workers Comp lawyer to see if you have a case.

  • @stephancunningham3072
    @stephancunningham30723 жыл бұрын

    So I’m in Florida, and I asked my lawyer if I could find a new job and quit, and he said I could, also I’m on light duty and they told me they don’t have any light duty and I’m still doing full duty even though it’s supposed to be light duty, will my case not work if I quit?

  • @chuckydabastard347

    @chuckydabastard347

    2 жыл бұрын

    If they can't provide light duty work you should get paid don't go against Dr orders

  • @Sheedythemechanic
    @Sheedythemechanic Жыл бұрын

    I wish i would have seen this before

  • @azmodeuzgato
    @azmodeuzgatoАй бұрын

    If I have two work notes from different doctors (ankle surgery and shoulder treatment) and both doctors give me different work notes, one doctor keeps me off work and the other doctor sends me to work with restrictions, which one i have to take to go the work ?

  • @JoeMillerLaw

    @JoeMillerLaw

    Ай бұрын

    Just as a caveat, I do not know what State your case is pending in. I am only admitted in VA and NC, so technically, I can only address comp cases that occur in those States; however, generally, if both the ankle and the shoulder are ACCEPTED or AWARDED body parts, then EITHER work note that keeps you out may be relied upon. This actually happens frequently with multiple injuries. But if, for instance, the ankle doctor has you out of work and the ankle injury is denied or otherwise not Awarded, then you cannot rely on that out-of-work note unless and until the ankle gets accepted or Awarded. Hope that makes sense.

  • @Dgeraci85100
    @Dgeraci851002 жыл бұрын

    If you're a nurse or doctor, does workers comp cover on-call hours? Which are hours accumulated mostly at home. My employees are located in MD.

  • @kellyrankin7247
    @kellyrankin72473 жыл бұрын

    Should I take a cash settlement in Lou of filing Workmen’s Comp.?

  • @JoeMillerLaw

    @JoeMillerLaw

    3 жыл бұрын

    That is not an easy question to answer as the factors that go into that decision are almost too numerous to mention. If you were hurt in VA or NC, please contact our office to help you decide.

  • @nappyfries
    @nappyfries3 жыл бұрын

    I haven’t made any of these mistakes..yet! My boss was horrible before this & now I’ve been looking for a new job. She lied & said I filed a claim out of retaliation bc of a “personnel action taken against me.” That never happened! She or my district has no proof of that bc it didn’t happen & bc of how she treats me & other employees, I’ve been recording all of our conversations. Really unsure of what to do now since I want to leave so bad.

  • @mashafranciscovna1769

    @mashafranciscovna1769

    Жыл бұрын

    What happened with your case girl? I have almost same problem. Now i opened a case but before i felt paranoic. Everywhere i go i feel survellance even home where i rent. My boss didnt respect my restrictions

  • @nappyfries

    @nappyfries

    Жыл бұрын

    @@mashafranciscovna1769 I did end up changing jobs bc it was just a better opportunity. I fought my case 2 x’s bc it was denied both times but they just said they didn’t have evidence that I got my injury from work, nothing about me leaving. At this point, not sure what else to do bc I could never find anyone to take my case since it was for a school district. I filed a WC fraud claim but that’s it. Idk what else to do at this point.

  • @ro-landocalrissian4633
    @ro-landocalrissian4633 Жыл бұрын

    Can an employer fire you if you collect workers comp? When you have to fill out a workers comp form it asks you for an attorney. What if you don’t have one yet, should you fill out the form anyway?

  • @JoeMillerLaw

    @JoeMillerLaw

    Жыл бұрын

    As i always say, every State's Workers Comp laws are different, but Virginia is an "at-will" State, meaning that an employer can fire you at any time for any reason, excepting discrimination based on race, religion, sex etc. If you could prove that the firing was a direct cause of you filing a workers comp claim, there is a statute against that but this is very difficult to prove and the remedy is you get your job back and back pay. Good luck returning to that job after filing that claim. They'll love you at that point, lol. So the bottom line is yes they can fire you and oftentimes employers will find any excuse to fire someone, especially if they are returning to work on light duty after an injury. As to filing a claim, if you are hurt in VA or NC there is nothing wrong with filing a claim on your own, but I would recommend you consult with a competent workers compensation attorney first, so you can make sure you put down everything properly on the forms. Hope that helps.

  • @gabbnwithgabb
    @gabbnwithgabb Жыл бұрын

    So if the doctor says I have to come to pt 3x a week and I go do I have to speak to the doctor every time I go ?

  • @JoeMillerLaw

    @JoeMillerLaw

    Жыл бұрын

    No. When you see the therapist you are usually not seen by the doctor at those appointments; however at the first visit the therapist will usually ask you how you were hurt. make sure u explain how u were injured just like you told ur doctor.

  • @swaggmonster209
    @swaggmonster2092 жыл бұрын

    I'm currently on light duty it was the only option I was given and I've been dealing with pain both on and off work. I understand I shouldn't quit but are you saying light duty is a mistake? I wasn't given the option to take time off for my knee pain due to a work injury back on 10/20/2021 I've been talking to a workers comp lawyer to seek help with treatment.

  • @JoeMillerLaw

    @JoeMillerLaw

    2 жыл бұрын

    First, I'm sorry for the delayed response. As I always say, because i do not know where your case is pending, i cannot give you any legal advice unless it is pending in VA or NC. This is because the laws for Workers Comp are different in every state. I can tell you that at least in VA and NC, only the authorized treating physician can give an opinion as to your work capability at any given time. If you were my client and were having significant difficulty performing your duties at work, I would tell you to take very careful note of precisely which things were hurting and precisely what pain it was causing you and for how long. Write things down if you have to. Then I would make an appointment with that same doctor and make sure he or she knows all of those facts, namely that you are having a very, very difficult time at work due to your work injuries. The idea is that hopefully, the doctor will either remove you from that work environment, or at least give you more protection from doing the things that are hurting you the most by providing you with stronger work restrictions. Unfortunately, there are some doctors where that is just going to fall on deaf ears. They are going to tend to side with the insurance company. In VA, you can see another doctor of your choice, but you will have to pay for it, and there is no guarantee that the Comp Commission is going to pay much attention to the opinion of a doctor other than your authorized treating physician. The Commission almost always gives the authorized doc the most weight as to any medical opinion on your case. Hope that helps.

  • @swaggmonster209

    @swaggmonster209

    2 жыл бұрын

    Thank you for your expert advice this isn't a situation I've ever been in and I'm not sure how to handle things. Your information does help it's much appreciated.

  • @JoeMillerLaw

    @JoeMillerLaw

    2 жыл бұрын

    @@swaggmonster209 You are very welcome. 😊

  • @joseRodriguez-pk9ld
    @joseRodriguez-pk9ld2 жыл бұрын

    In California do I need to fill a claim on my own ?...my job gave me worker's comp already after my injury?

  • @JoeMillerLaw

    @JoeMillerLaw

    2 жыл бұрын

    You will need to consult a CA workers comp lawyer. We only handle VA & NC

  • @gabeescoto6590

    @gabeescoto6590

    2 жыл бұрын

    I learned about 30 years ago having worked in a hospital with some of the best doctors that the doctors and nurses that work for Workers Compensation most likely have had their licenses suspended or revoked and cannot do direct patient care. And so again your are being diagnosed and told there is not a thing wrong with you. I was examined and given an impairment rating in my vehicle by the state doctor.

  • @Tampertownmediagroup
    @Tampertownmediagroup Жыл бұрын

    The worst mistake I made is going through a disability while living in Beacon NY. Since my injury I’ve had people going through garbage. Walking on property all hours of the night making loud sudden noises all day and throughout the night. I’ve received hateful voicemails mocking my disability I’ve received racist texts My junk mail for weird but scratch that. And I’ve ran into family members of people from beacon 70 miles south in the Bronx where I go to PT. I call this place tamper town

  • @JoeMillerLaw

    @JoeMillerLaw

    Жыл бұрын

    so sorry to hear you are going through that. I have seen serious work injuries break up families and completely destroy people's lives. As lawyers, we can only do so much. But there is no excuse for such insensitivity. I'm really sorry you're having to deal with that. I hope you have a speedy recovery and hopefully a good settlement at the end of it all that can get you to a better place physically and geographically.

  • @Tampertownmediagroup

    @Tampertownmediagroup

    Жыл бұрын

    @@JoeMillerLaw yes geographically speaking I hope your words go to gods ears. I’ve never lived in such an ugly community where my integrity has been challenged day to day by these angry people for the last 4 years.

  • @JoeMillerLaw

    @JoeMillerLaw

    Жыл бұрын

    @@Tampertownmediagroup May God Help you, even though you're a Mets fan, lol. (just kidding)

  • @PetesTurboGarage
    @PetesTurboGarage3 жыл бұрын

    I did everything right except #1. I was hurt on the job a month ago and out awaiting surgery. They of course were ignoring me and I got fed up and quit do to injury. Would I have to sue the company separately from workmans comp? Thanks great video.

  • @davidharcot220

    @davidharcot220

    3 жыл бұрын

    Sorry for that but do you know why they ignore you? What did they say?

  • @PetesTurboGarage

    @PetesTurboGarage

    3 жыл бұрын

    @@davidharcot220 They won't return my email or calls, the only email they respond to was my resignation weird. Shady company!

  • @Rios-ww9ff

    @Rios-ww9ff

    Жыл бұрын

    @@PetesTurboGarage same thing happening to my brother What did you do? My brother trucking company does not have workers comp ? How would that work ? I appreciate it if you reply

  • @PetesTurboGarage

    @PetesTurboGarage

    Жыл бұрын

    @@Rios-ww9ff I got a lawyer and sued for workmans comp

  • @Rios-ww9ff

    @Rios-ww9ff

    Жыл бұрын

    @@PetesTurboGarage what happen if he has 1099 but drives the company truck? I’m reaching out to lawyers currently

  • @flakito011503
    @flakito0115032 жыл бұрын

    How important is it to get a lawyer for these types of claims

  • @akmojo9547

    @akmojo9547

    Жыл бұрын

    Get one immediately

  • @juliogalarza6
    @juliogalarza62 жыл бұрын

    I did número uno 🤦🏻‍♂️ I hope I’m not screwed.

  • @gabeescoto6590
    @gabeescoto65902 жыл бұрын

    People keep in mind that it is our State Representatives, Congressman, Senators that make the rules for Workers Compensation. And why do they because companies donate generously to their campaigns. Also they themselves are Owners, Ceos and business people themselves. And do not want to pay. Keep in mind that the Texas Workforce Commissioner ,the attorney and the Workers Compensation employees and your insurance adjuster is right in your city or close by your town.

  • @mr01101101z
    @mr01101101z2 жыл бұрын

    I got a lawyer after I was diagnosed with a permanent deformity or so I was told

  • @nickpetrou6113
    @nickpetrou611311 ай бұрын

    What if the employer never spoke to you or returned multiple phone calls/messages after they called an ambulance to take you to the emergency room for the injury sustained on the job?

  • @JoeMillerLaw

    @JoeMillerLaw

    10 ай бұрын

    First of all, make sure you have PRINTED screen shots of all messages sent to your employer informing them of your injuries. If possible, you should send the employer a letter, CERTIFIED, in writing, detailing the date of your injury and how you got hurt. that really needs to happen within 30 days of your accident. If you are still hurt and need to see a doctor and it is extremely bad, you can go to the ER. Otherwise, I'd call a good workers' comp attorney within your State to see what to do next. An attorney should be able to assist you to find out if your employer has workers comp insurance and who it is with. Some employers do not want to call the comp insurance company because they are afraid their rates will go up. If you are unable to work due to your injuries, you can't just stay off without a work note from a doctor justifying your continued inability to work due to your injuries. If you are in VA or NC, please do not hesitate to give us a call. Best of luck to you!

  • @daescha21
    @daescha212 жыл бұрын

    I was sent an award letter and told not to sign it by my representation. Now I'm confused on what is right and wrong

  • @JoeMillerLaw

    @JoeMillerLaw

    2 жыл бұрын

    so sorry to take so long to apply. So every State is different, so if your injury was not in NC or VA, i can't really speculate as to what is going on, but I would surely ask my attorney why they had an issue with you signing the Award Letter. It may have a different meaning in your state than in VA.

  • @daveb2280
    @daveb22802 жыл бұрын

    I disagree with you about quitting. It depends. I was injured in WA State (Mental Health/PTSD reasons) in 2016 and quit 90 days later. I tried working two other jobs and couldn't work those jobs either and had to quit. It actually worked in my favor as I was taking less pay for less on the job stress. When the employer tried to close the claim three years from date of injury I was unable to work and I eventually won a L&I Pension.

  • @mashafranciscovna1769

    @mashafranciscovna1769

    Жыл бұрын

    What was your accident?

  • @daveb2280

    @daveb2280

    Жыл бұрын

    @@mashafranciscovna1769 In close proximity to a traumatic event that resulted in death which severely aggravated my pre-existing PTSD during my time(s) serving in Iraq.

  • @mashafranciscovna1769

    @mashafranciscovna1769

    Жыл бұрын

    Oh well your case is not civilian so in the most of the cases is better to not quit the job

  • @lesajones6160

    @lesajones6160

    Жыл бұрын

    Hey need to know more on yur case I am Lesa by the way

  • @andreaminaya7422
    @andreaminaya7422 Жыл бұрын

    What if your doctor is not available in the next 2 month

  • @JoeMillerLaw

    @JoeMillerLaw

    Жыл бұрын

    Yes, unfortunately, I suspect due to COVID backlog as well as staffing shortages, we are hearing this a lot lately, particularly with respect to specialists like Orthopedic Doctors and Neurosurgeons. Some say more than 2 mos. You may want to keep your appointment and in the meantime, if there is any other doctor or facility where you've treated, assuming the insurance carrier will authorize it, return there if need be for pain meds to keep you going until you get to your specialist appointment. Another option, with the carrier's approval or the assistance of the Nurse Case Manager if you have one, try and get a quicker appointment with another, comparable specialist.

  • @paigewhite1251
    @paigewhite1251 Жыл бұрын

    Why do Drs offices ask "IS THIS A WORKER'S?COMP CLAIM?" I SAID 'NO' because I hadn't filed a "claim." But I DID fall _at work. Now I want to file a claim??.& have said NO to that question

  • @JoeMillerLaw

    @JoeMillerLaw

    Жыл бұрын

    You should have said "YES!" BUT, did you at least tell them that you were injured at work? If you said you were injured at work, and described how that happened, you may be OK. But if you DENIED being injured at work in the "history" part where they ask you how you got hurt, you may have a serious problem with making a claim. It may be necessary for you to obtain a copy of the office notes from your doctor's office to make sure that they recorded that you reported you were injured at work. It's really wrong for the doctors to ask if this is a "workers comp claim" and I agree that's a little confusing to ask it that way. The right question is "Did your injury that you are here about today happen at work?"

  • @filipebernardino2152
    @filipebernardino21522 жыл бұрын

    Well. I did all of those mistakes. I don't know better. I'm a worker, I'm not in the office and I don't know how things work in there. Had a back injury in November 2021, it was reported, stayed home a full week recovering, peed and poop on bed the first two days because I couldn't get up quick enough. WENT BACK TO WORK, I was getting better. In May 2022 I fell to the floor, another week at home, reported. Again in May fell to the floor again. Reported. Went to the ER and took a steroid, x-rays. Felt better. April. Fell to the floor again. Need mri and see what's going on. Works comp don't want to get involved. You can't sue them in nj, neither the employer. It's a total fucking scam! Sons of bitches.

  • @pinkconfidantp2me912
    @pinkconfidantp2me912 Жыл бұрын

    The messed up part is if someone gets fired for getting injured at work and they get pissed off and threatens to sue the company the company wins because of there negligence that's bull shit. I'd like to see any attorneys get hurt then keep calm and not threaten..bull shit

  • @dustyjbaker
    @dustyjbaker11 ай бұрын

    Hi! We are looking for a part-time nanny/amazing person for our for our 5 month old son. This is really to help on Saturdays/Sundays The wifey and I both work on the weekends and would love the assistance. • Flexible hours and good pay

  • @JoeMillerLaw

    @JoeMillerLaw

    10 ай бұрын

    OK, and why did you think we could help you with that? RU concerned you are going to have to get workers comp insurance or something?

  • @Mr.Kittles
    @Mr.Kittles Жыл бұрын

    The biggest mistake you can make is choosing to work in a job that causes workplace injuries. WCB has a well documented and entrenched “culture of denial”. Be aware of this and protect yourself from WCB and your employer.

  • @JoeMillerLaw

    @JoeMillerLaw

    Жыл бұрын

    Thank you for your comment. I would merely say that in my experience, people are generally going to choose the employment they are most suited for based on their gifts and abilities, education, and physical stamina. In many cases, this is going to be physical labor, even if it is highly skilled and highly paid labor such as electrical work or welding. And yes, physical labor jobs are certainly going to have a higher rate of injury than a desk job. So you cannot blame these folks who work in those industries. That may, in fact, be what they are best suited for. But I would also say that if we've learned anything recently with all the mass shootings and other violence that has been steadily increasing in the U.S., NO ONE, in ANY occupation is completely immune from injury or death in the workplace. According to the Bureau of Labor Statistics, 20,050 workers in private industry experienced trauma from nonfatal workplace violence in the U.S. in 2020. These are people that got injured and actually lost time from work due to workplace violence. I have no doubt a good number of these folks were office workers. Just food for thought.

  • @maddymiller9349
    @maddymiller9349 Жыл бұрын

    Can I ask you something Joe please social services say I had low inq my gran died when my son Joshua was born thay say I got a low I q my ex husband Richard w O'Donoghue he went to prison Stoke on trent I moved to high Wycombe for safety for my children I ask for devose never got done thay sill my children of my over 20 years o been asked for devose and thay lie about me and say my gran died when Joshua was born and she never died when Joshua was born know thay say I give up on my children never did thay are getting away with it

  • @hector60938
    @hector609382 жыл бұрын

    I always tell ppl. Even if u got hurt at home. U actually got hurt at work 😏😉

  • @misteegraham4172
    @misteegraham41723 жыл бұрын

    Can you file a claim for pain & suffering & expect to keep your job? My husband was injured at work 2 months ago & they were wonderful to pay all the medical bills including his surgery & therapy thus far… & he immediately returned to his desk job, using his one uninjured arm. But we are realizing how the loss of use for the one arm is affecting us. Having someone else do all the yard work, having to pay someone else to take his place moving our college daughters into their new housing, having to pay someone else to do all the things he normally enjoys & does in our home. He drives an hour to & from the doctor they gave him seeing… (who is a good doctor though) but all that plus the therapy 2-3 days a week, the home therapy contraption he is using daily (that is quite painful) … I feel like he should be compensated beyond the medical bills bc it is affecting him beyond the medical bills. But he loves his job & feels like bringing this us will put a target in his back & they will look for a reason to fire him in the future. Any thoughts?

  • @JoeMillerLaw

    @JoeMillerLaw

    3 жыл бұрын

    So sorry to tell you there is no recovery for pain & suffering in Workers Comp. If he’s back to work, he needs to get the arm rated. See my video on permanent partial impairment.

  • @annyw8761
    @annyw87612 жыл бұрын

    If I mistake numbers 5,4,3 .I don’t have win’s opportunity

  • @annyw8761

    @annyw8761

    2 жыл бұрын

    To win ?

  • @JoeMillerLaw

    @JoeMillerLaw

    2 жыл бұрын

    Probably not, but this video is specifically speaking to NC and VA cases. Your State may be different. For a definitive answer, please consult with a Workers Comp lawyer within your state.

  • @rimc8783
    @rimc87833 жыл бұрын

    Proper medical treatment The Insurance company hires fool Dr. They had a cosmetic eye do surgery on my eyes for diplopia ( Double vision) They pick the cheapest Dr. They can find.

  • @JoeMillerLaw

    @JoeMillerLaw

    3 жыл бұрын

    If you are in VA or NC, there are other factors that come into play. Sorry I didn't see ur post until now. I was not checking this account regularly, but I will from now on. Please feel free to call our office.

  • @zombiekiller3481
    @zombiekiller3481 Жыл бұрын

    workers compensation what happens if you lie about having witnesses.

  • @JoeMillerLaw

    @JoeMillerLaw

    Жыл бұрын

    Not sure if you mean you lie or the employer lies. Again, my responses are limited to VA and NC, your State may be different. If the "lying" is not under oath, or in some kind of written transcript, it doesn't mean much. But if you or a company representative were to say there were witnesses to an accident and this statement was clearly false, that would simply have a negative effect on the Commissioner's impression of the party who uttered the falsehood. This applies really to any clear and obvious lie that is uncovered in the evidence that comes from any witness. That witness's testimony would be degraded or even possibly discounted. (not paid attention to). But this is only if the testimony that is false is presented under oath. That's either in a deposition or at Hearing.

  • @nancychabot4494
    @nancychabot44946 ай бұрын

    I was a temp employee got terminated got offered full time job at another store told they couldn’t use me cause injury then I got ceritified letter job offer that said I took or rejected I lost benefits and severance pay either way I am at FCE

  • @JoeMillerLaw

    @JoeMillerLaw

    6 ай бұрын

    Not sure where your case occurred, but I'm sorry that happened to you. Looks like you got caught in a rejection and they drummed you out of benefits.

  • @ttinafrederick5539
    @ttinafrederick55392 жыл бұрын

    Am his spouse