Can we still file a claim or is it too late?

[ibnatasha2u]

What is the name of your state?Washington
My husband’s thumb was fractured at work by a horse. He went to urgent care, he didn’t tell them in was a work related injury because he didn’t want to lose his job. His boss didn’t help with any of the medical, we let our insurance cover it. Now nine months later, his boss has terminated my husbands job. He has pain at times because of the injury.
My question is: Can my husband still file an L and I claim on this?

 

[adjusterjack]

It's illegal to be fired for filing a workers comp claim.

At this point, though, I think it best for your husband to call the state regulatory agency.

File a Claim (wa.gov)

 

[quincy]

What is the name of your state?Washington
My husband’s thumb was fractured at work by a horse. He went to urgent care, he didn’t tell them in was a work related injury because he didn’t want to lose his job. His boss didn’t help with any of the medical, we let our insurance cover it. Now nine months later, his boss has terminated my husbands job. He has pain at times because of the injury.
My question is: Can my husband still file an L and I claim on this?

You said your husband didn’t tell urgent care that his injury was work-related. Did your husband tell his employer about the injury at the time? Did he have to leave work early or take days off from work? Did he ask his employer to modify his work duties in any way because of the fractured thumb?

Your husband has only one year from the date of the workplace injury to file a workers compensation claim - which means he has little time left now to file (3 +/- months). The claim will be complicated by the long delay.

 

[adjusterjack]

The claim will be complicated by the long delay.

Which is why he should have the assistance of the state WC agency ASAP instead of relying on the employer.

 

[quincy]

Which is why he should have the assistance of the state WC agency ASAP instead of relying on the employer.

Ibanatasha2u’s husband will want some assistance before filing a claim. I agree. The fact that a workers compensation claim is being considered now, over a 9-month-old injury and shortly after ibnatasha2u employer became an ex-employer, is bound to raise some questions.

 

[ibnatasha2u]

You said your husband didn’t tell urgent care that his injury was work-related. Did your husband tell his employer about the injury at the time?
Yes he told him right away.
~*~
Did he have to leave work early or take days off from work?
No, actually he waited until the next day to go to urgent care.
~*~
Did he ask his employer to modify his work duties in any way because of the fractured thumb?
He didn’t ask for anything to be modified, but there were some duties that he had difficulty doing, so he either did what he could or he had help from myself or one of the workers

 

[ibnatasha2u]

Ibanatasha2u’s husband will want some assistance before filing a claim. I agree. The fact that a workers compensation claim is being considered now, over a 9-month-old injury and shortly after ibnatasha2u employer became an ex-employer, is bound to raise some questions.

The reason why we are considering filing a claim now is due to the fact that the guy is a jerk. Just the fact that we had to be worried about my husband losing his job if we filed the claim at the time is reason enough in my book.
Oh he wouldn’t just fire him right away for it, he would have found some stupid little thing and use that as the reason.

 

[ibnatasha2u]

It's illegal to be fired for filing a workers comp claim.
Yes I know, but he would find something else to fire him for, he’s like that.

At this point, though, I think it best for your husband to call the state regulatory agency.
Yes maybe you’re right. We’ll look into it.
Thanks

File a Claim (wa.gov)

 

[adjusterjack]

The reason why we are considering filing a claim now is due to the fact that the guy is a jerk.

You don't file a claim because somebody is a jerk.

You file because the injury entitles you to benefits. Which should have been done at the time of the injury.

 

[commentator]

Sadly enough, some people who have been injured outside work and then are terminated will think it a good retaliatory gesture to file a worker's comp claim, so of course they will certainly be on the lookout for that throughout this whole filing. But of course that is water under the bridge. If you really think you need to, go on and file within the next three months. Of course you can't expect much whole hearted help from the employer, who is now letting you go, so going through the regulatory agency would be a very good idea.

 

[Zigner]

What do you (plural) hope to gain by filing a claim?

 

[quincy]

The reason why we are considering filing a claim now is due to the fact that the guy is a jerk. Just the fact that we had to be worried about my husband losing his job if we filed the claim at the time is reason enough in my book.
Oh he wouldn’t just fire him right away for it, he would have found some stupid little thing and use that as the reason.

Any claim your husband submits can be denied - and if an investigation shows an injury report is being filed for less-than-legitimate reasons, a denial should be expected.

Here is a link to Washington’s Claim Validity factors:
https://lni.wa.gov/insurance/_docs/CAGClaimValidity.pdf

As recommended earlier, your husband should speak to an Agency official.

 

[zddoodah]

we let our insurance cover it.

OK...so your insurance paid all the bills. Correct? Did you have any out-of-pocket expenses? If so, how much were those expenses?

Can my husband still file an L and I claim on this?

Of course he can file. Here's the problem he may have: He's going to claim that the nine month old injury was work-related, and someone, at some point, will ask why he waited nine months to make the claim. He will, presumably, respond that he was concerned that making the claim would endanger his job. However, because it is well known that it is illegal to fire an employee for making a WC claim, his story may not be believed. Someone might even find your post and learn that the only motivation for making the claim is retaliation That's another ding on your husband's credibility. And, if, as you appear to have indicated, your insurance covered the medical expenses, what does he stand to gain? By the way, if your husband's medical insurer gets wind of the fact that he failed to inform the insurer that the injury was work-related, the insurer isn't going to be happy about that since the insurer would be entitled to subrogation from the employer's WC carrier.

 

[commentator]

If the company he worked for (not sure, dealing with horses usually isn't big business) had any sort of policy manual or handbook, he might want to check it. But most company policies and handbooks contain something about it being automatic grounds for termination if one fails to report an injury on the job within a certain period. They certainly let it be known, probably (at least in some states) have posters in break areas, etc. that inform employees about not only minimum wage laws but protection for workers related to on the job injuries. A very irritated jerk of a former employer might do what he could to cause a lot of problems in this situation, you should consider that.

 

[Bali Hai Again]

If the company he worked for (not sure, dealing with horses usually isn't big business) had any sort of policy manual or handbook, he might want to check it. But most company policies and handbooks contain something about it being automatic grounds for termination if one fails to report an injury on the job within a certain period. They certainly let it be known, probably (at least in some states) have posters in break areas, etc. that inform employees about not only minimum wage laws but protection for workers related to on the job injuries. A very irritated jerk of a former employer might do what he could to cause a lot of problems in this situation, you should consider that.

They may try but I suspect the “problems” won’t be very much at all. I’ve seen this game played by “professional” got hurt at work people so many times. HR and Medical Leaves puts the claim through without thinking twice about it. And if management tries to imply it’s a very possible fraud, management is accused of having no sympathy for the poor injured employee.