Q: IVE BEEN HAVEING MINOR LEG PROBLEMS BEFORE I STARTED MY NEW JOB. MY BOSS WAS AWARE OF MY MINOR PAIN FOR THE LAST 2 MONTH
HE SENT ME TO A JOB BY MYSELF MY LEG IS WORSE AND I SAW A DOCTOR MONDAY. I HAVE LUMBAR DISC HERNIATION. METION ABOUT WORKMEN COMP TO MY BOSS AND HE SAID SINCE IT WAS A PERVIOUS INJURY WORKMANS COMP WILL NOT FOLLOW UP. DOCTOR SAID THIS INJURY IS WORK RELATED. SINCE MY BOSS WAS AWARE ABOUT MY LEG ISSUE CAN HE USE THAT AGAINST ME PERVIOUS INJURY
A: A couple of things, first you employer does not get to pick and choose which injuries to turn into its insurance carrier (IC). Once it knows you have alleged a WC claim, it MUST file its claim with the IC or it could waive valuable rights to dispute your claim. Also the employer does not have the authority to summarily deny you have a WC claim. You only have 30 days from your date of injury to report your injury so do it in writing. File your claim with the DWC, particularly if your medical provider is saying it was caused by your job. Best of luck to you.
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