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  1. #1
    zeuss is offline Member
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    Employer refusing to fill out accident report

    What is the name of your state (only U.S. law)? Indiana
    My son works at a franchise in Evansville Indiana as a closing kitchen cook. He slipped on some water while cleaning out buckets, he didnt think it was bad and everyone was hurrying to get out of there so he did not fill out an accident report. He woke up the next day and couldn't hardly walk so he went to prompt care, he has a torn Maniscus and is on work restrictions. He took his paperwork to his employer and asked to fill out an accident report. They are refusing saying that he didnt do it there and that his girlfriend who also works there is telling everyone that he did it at home and is going to sue his employer for it. She swears she didnt say anything at all like that. The managers were overheard at the greeters station discussing what they were going to say and one of the girls texted my son to hurry up and get out front to catch them because she heard it but by the time he got up there they had all walked away. The manager on duty that shift followed my son out of the restarant a couple of days later and asked him if he wanted his job and if he did he shouldnt be sueing anyone. He felt that his job was threatned. I called to talk to that manager about his restrictions and the fact that they are making him do more then what his restrictions say and then telling him that he is not hurt and to stop faking when he tells them that he shouldn't be doing certain things and she hung up on me at the beginning of the conversation. So I called back and talked to the other Manager who said he heard my son say that he did it at home not work and that he has a witness too. I asked him if he was refusing to let my son fill out an accident report and all he would say is that it didnt happen at work, he would never say he refused to give him one but the manager on duty last night while my son was working told my son that he was told not to give him one too or discuss any of it with him and appologized. I informed the second manager that I talked too that I would be calling his corporate office. My son is not out to sue anyone but now has medical bills to pay and they are referring him to an ortho specialist because of it.
    He also turned in his medical insurance paperwork three days before the deadline to have health insurance on Janauary 1st but the paperwork is still not turned in and the second manager that I talked to basically blew it off and told him that he guessed it would be effective on Feb. 1st then.
    My son is not one for confrontation at all, he didn't even want to say anything to them in the first place. I don't have the money to help him with his medical bills and I live in another state. He just wants his knee to be better without the huge cost of medical bills. What should he do now, he has no medical insurance because of their managers not following the instructions on there own paperwork. He found out about not having any insurance when he went in with his restrictions and asked when he would get his insurance card to use. He is covered on my insurance now but because I am out of state they consider it out of network so they only cover things at 60%.
  2. #2
    Willlyjo Guest
    Quote Originally Posted by zeuss View Post
    What is the name of your state (only U.S. law)? Indiana
    My son works at a franchise in Evansville Indiana as a closing kitchen cook. He slipped on some water while cleaning out buckets, he didnt think it was bad and everyone was hurrying to get out of there so he did not fill out an accident report. He woke up the next day and couldn't hardly walk so he went to prompt care, he has a torn Maniscus and is on work restrictions. He took his paperwork to his employer and asked to fill out an accident report. They are refusing saying that he didnt do it there and that his girlfriend who also works there is telling everyone that he did it at home and is going to sue his employer for it. She swears she didnt say anything at all like that. The managers were overheard at the greeters station discussing what they were going to say and one of the girls texted my son to hurry up and get out front to catch them because she heard it but by the time he got up there they had all walked away. The manager on duty that shift followed my son out of the restarant a couple of days later and asked him if he wanted his job and if he did he shouldnt be sueing anyone. He felt that his job was threatned. I called to talk to that manager about his restrictions and the fact that they are making him do more then what his restrictions say and then telling him that he is not hurt and to stop faking when he tells them that he shouldn't be doing certain things and she hung up on me at the beginning of the conversation. So I called back and talked to the other Manager who said he heard my son say that he did it at home not work and that he has a witness too. I asked him if he was refusing to let my son fill out an accident report and all he would say is that it didnt happen at work, he would never say he refused to give him one but the manager on duty last night while my son was working told my son that he was told not to give him one too or discuss any of it with him and appologized. I informed the second manager that I talked too that I would be calling his corporate office. My son is not out to sue anyone but now has medical bills to pay and they are referring him to an ortho specialist because of it.
    He also turned in his medical insurance paperwork three days before the deadline to have health insurance on Janauary 1st but the paperwork is still not turned in and the second manager that I talked to basically blew it off and told him that he guessed it would be effective on Feb. 1st then.
    My son is not one for confrontation at all, he didn't even want to say anything to them in the first place. I don't have the money to help him with his medical bills and I live in another state. He just wants his knee to be better without the huge cost of medical bills. What should he do now, he has no medical insurance because of their managers not following the instructions on there own paperwork. He found out about not having any insurance when he went in with his restrictions and asked when he would get his insurance card to use. He is covered on my insurance now but because I am out of state they consider it out of network so they only cover things at 60%.
    You simply need to look in the phonebook to discover all kinds of attorneys who will assist your son get his claim for his work related injury. It isn't up to the employer to decide he wasn't hurt at work, it is up to the Workers Comp. Judge when the case is heard. Until then, the lawyer will send your son to doctors who will treat your son's injury. Good luck.
  3. #3
    NLW
    NLW is offline Member
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    You can call the Workers' Compensation Board (317) 232-3808 and request the name and contact information for the insurance company that provides coverage to your son's employer. I would then call the insurance company directly and report the claim.

    The insurance company makes determinations on benefits independent of the employer. In other words, just because the employer is behaving inappropriately, it doesn't mean the insurance company won't pay the claim.

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