llibselpats
Junior Member
What is the name of your state? La. WC denied my wife's claim because it was over 30 days in notifying the employer. Also said that initial Dr visit did not state it was work related
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Time limit on filing claim and notifying Dr. of WC status
- Thread starter llibselpats
- Start date
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I'm not %100 sure but in your human resources office on the wall that talks about work comp,sick leave,min wage i think it state's you have 72 hours to report an injury to your employer. also with your doctors visit was this your own doctor or did your work send you to the doctor? i
llibselpats
Junior Member
La. Wife works for Wal-Mart as a department manager in women's clothing. She and another lady were moving a clothing rack and my wife grabbed a hold of it and pulled and said she felt like she had pulled her shoulder out of socket. The other lady witnessed the injury. The assistant manager then sent a man to help move the racks. Wife thought she had just pulled a muscle but after about 2 weeks she made an appointment with the doctor. He then scheduled an MRI and by the time it was done and it was determined that she had a torn rotator cup it was over 30 days. Her manager then told her to turn it in on workman's comp. On her initial Dr.'s visit since she didn't know that her problem was so severe as to require surgery or that it was actually work related, she didn't tell the information nurse that it was work related even though she discussed how she initially hurt her arm with the Dr.. Workman's Comp has denied the claim on the fact it was over 30 days before notifying of a claim and the fact that she didn't communicate with the office nurse on her initial visit that it was work related. Is their denial of my wife's claim on this basis correct and do you only have 30 days to file or notify of a claim?
answer this, when she first hurt her shoulder as in the the day the injury happened did she report it? when the asst manager had a male help did your wife and manager go to the office and fill out an incident report? i am familar with walmart and you have 72 hours to report this to your employer did you?
you said she made an appt with the doctor did she make it or did her work make it? if the incident was never reported to employer by an incident report it might be very hard to hold workman's comp responsible if not documented with employer
you said she made an appt with the doctor did she make it or did her work make it? if the incident was never reported to employer by an incident report it might be very hard to hold workman's comp responsible if not documented with employer
LA WC Denied
The State of Louisiana Department of Labor lists the following steps regarding Workers' Compensation for Injured Workers.
If you are hurt at work or become ill because of something you believe to be work related:
1. Immediately report your injury or illness to your supervisor. To be eligible for benefits, you must report the injury within 30 days.
2. Seek first aid and medical attention.
3. Continue to keep your employer informed of your condition and any charges.
Based on this information, Wal-Mart (they are self-insured) was correct in denying coverage.
The State of Louisiana Department of Labor lists the following steps regarding Workers' Compensation for Injured Workers.
If you are hurt at work or become ill because of something you believe to be work related:
1. Immediately report your injury or illness to your supervisor. To be eligible for benefits, you must report the injury within 30 days.
2. Seek first aid and medical attention.
3. Continue to keep your employer informed of your condition and any charges.
Based on this information, Wal-Mart (they are self-insured) was correct in denying coverage.
File a dispute
Your wife can also file a dispute with the Office of Workers' Compensation. Here is a link to the form that needs to be completed: http://www.ldol.state.la.us/forms/owca/1008form.pdf
Though she may not have "reported" the incident to a supervisor, it appears the assistant manager was aware of some incident or injury as he sent someone over to help.
Your wife can also file a dispute with the Office of Workers' Compensation. Here is a link to the form that needs to be completed: http://www.ldol.state.la.us/forms/owca/1008form.pdf
Though she may not have "reported" the incident to a supervisor, it appears the assistant manager was aware of some incident or injury as he sent someone over to help.
Although the assistant manager may have limited if any knowledge of the injury - the major problem which continues to persists is the fact that the injury was never reported. If you notice on the form which Maze has provided the link - question 15 section a. specifically asks information regarding the date and time and to whom the accident was reported and that employee's position. Wal-Mart, being a self-insured work comp carrier will vigorously continue to deny coverage. If treatment was not received until two weeks after the injury - Wal-Mart's position may be the injury occurred elsewhere since there is no supporting documents to prove otherwise. Or course, strange things have been known to happen and it never hurts to try. But having dealt with Wal-Mart and worker's compensation claims - it is going to be a battle.