Workers Comp Questions..

[KatesMom]

What is the name of your state? AZ

My husband hurt his shoulder at work last Friday..his employer sent him to a clinic that they use thru Workers Comp. The doctor put the diagnosis down as "Shoulder strain-right", and told him to go back to work the next day, however, he is not to use his right arm, and cannot lift anything over 5 lbs. My husband showed the form to his employer, who sent him home because my husband is a mechanic and there is absolutely nothing he can do at work in this condition.
Monday morning he went back to this doctor and they sent him to their physical therapist, who automatically called the doctor in and said he has a feeling it is a tear in the rotator cuff and to schedule an MRI.
My husband has called three days in a row, to find out when he can go for the MRI, but he is told they still haven't gotten approval for it yet.

Does anyone know what we can do?? My husband has never had a work related injury before, so we have no clue how to handle this. Will he end up getting paid because his employer will not let him work?

ANY help or advice is greatly appreciated.

 

[I AM ALWAYS LIABLE]

My response:

What can he do?

He can hire a Worker's Compensation attorney immediately, that's what he can, and should, do.

IAAL

 

[KatesMom]

Thanks IAAL. We will definitely take your advice.


Just being curious, is his employer in the wrong or the clinic?

 

[I AM ALWAYS LIABLE]

Thanks IAAL. We will definitely take your advice.


"Just being curious, is his employer in the wrong or the clinic?"

My response:

In Worker's Compensation claims, it's not a matter of "right or wrong." Worker's Compensation law is "no fault" - - your husband doesn't need to prove "negligence" as he would if this was a car accident. All that needs to be proved is whether this was an on-the-job injury. Then, it's a matter of being properly guided by your attorney through the process, including seeing the correct doctors, and on a proper schedule.

Your husband is entitled to his medical costs, his wages, and a settlement for his disability. And, speaking of "disability", his doctors should have given him the State Disability forms so that he can claim his Disability payments through the Unemployment Office. Your husband's attorney will also tell him about this, and make sure that it gets done.

Good luck to both of you.

IAAL

 

[KatesMom]

My husband said the doctors did not give him any State Disability forms. It seems like they just try to push him out the door and back to work.

Anyway, thanks IAAL! You've been a big help!

 

[I AM ALWAYS LIABLE]

"Anyway, thanks IAAL! You've been a big help!"


My response:

You're welcome. That's why FreeAdvice pays me the big bucks.

(Tipping hat to you)

IAAL

 

[KatesMom]

"Anyway, thanks IAAL! You've been a big help!"


My response:

You're welcome. That's why FreeAdvice pays me the big bucks.

(Tipping hat to you)

IAAL

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