Pulled muscle at work.

[senjurio]

What is the name of your state (only U.S. law) Iowa?

I was in a tight spot making a weld for the company i work for and pulled a muscle in my neck. I worked out the rest of the day after seeing the nurse(they had me sit on my ass and do nothing the rest of the day). The following day the pain was unbearable when i woke up, so I called work and told them I was going to see a doctor, and at this point they basically told me it wasn't their problem because it was a personal injury(not work related). How the hell is it not work related? Now I have a 2k doctor bill to pay. They also game me points against my attendance for the days I missed after the incident. It was never recorded at work as a lost time injury or even a first aid. Is there anything I can do about it?

 

[swalsh411]

Have you filed a workers comp injury claim? If so, how soon after the injury?

 

[tranquility]

What is the name of your state (only U.S. law) Iowa?

I was in a tight spot making a weld for the company i work for and pulled a muscle in my neck. I worked out the rest of the day after seeing the nurse(they had me sit on my ass and do nothing the rest of the day). The following day the pain was unbearable when i woke up, so I called work and told them I was going to see a doctor, and at this point they basically told me it wasn't their problem because it was a personal injury(not work related). How the hell is it not work related? Now I have a 2k doctor bill to pay. They also game me points against my attendance for the days I missed after the incident. It was never recorded at work as a lost time injury or even a first aid. Is there anything I can do about it?

http://www.iowaworkforce.org/wc/2014QANDA.pdf

 

[senjurio]

I haven't filed anything yet, this was in march or april... I thought I was just screwed until a guy at work told me otherwise... I'm not sure how to go about this? should i go to my safety department and demand that they pay my medical bill and take away the points against my attendance??? or should i just go straight to a lawyer? And if they didn't report the injury properly and try to cover it up isn't that against the law?

 

[CSO286]

I haven't filed anything yet, this was in march or april... I thought I was just screwed until a guy at work told me otherwise... I'm not sure how to go about this? should i go to my safety department and demand that they pay my medical bill and take away the points against my attendance??? or should i just go straight to a lawyer? And if they didn't report the injury properly and try to cover it up isn't that against the law?

Did you report the injury complete a first report of injury form? (That is your job.)

 

[senjurio]

I reported it to my supervisor, which in turn reported it to our safety department and maintenance superintendant. I didn't fill anything out.

 

[Ladyback1]

I reported it to my supervisor, which in turn reported it to our safety department and maintenance superintendant. I didn't fill anything out.

https://www.legis.iowa.gov/DOCS/ACO/IC/LINC/2013.Chapter.85.PDF
85.23 Notice of injury — failure to give.
Unless the employer or the employer’s representative shall have actual knowledge of
the occurrence of an injury received within ninety days from the date of the occurrence of
the injury, or unless the employee or someone on the employee’s behalf or a dependent or
someone on the dependent’s behalf shall give notice thereof to the employer within ninety
days from the date of the occurrence of the injury, no compensation shall be allowed.
[S13, §2477-m8; C24, 27, 31, 35, 39, §1383; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§85.23]

Here's what I would suggest: File a claim today, with the actual date of injury being in March or April. (you're going to need a more specific date than that)
The company, when contacted by their insurer/TPA, will either deny knowledge of said injury or confirm knowledge.
If they confirm, then the claim will most likely proceed as a normal claim would.
If they deny knowledge, then the insurer/TPA will most likely deny your claim as not having been reported (or not reported timely).
Then you will have to make the decision on whether to fight the denial, or let it drop. I suggest that you consult an attorny well-versed in Iowa Workers' Compensation law.

 

[senjurio]

tyvm, ill give it a shot