Here is a question I received from a gentleman named Leon: Injured shoulder 11/16. Have seen Comp Dr. twice. Mentioned pain and ‘popping’ in shoulder. Diagnosis is a mussle or ligament tear. There was no mention of a possible rotator cup injury. Comp. insurance company has approved 2-3 weeks PT. Company has said they will pay me thru this period @full pay while on ‘light duty’. I have agreed to this. It was skilfully implied that this arrangement was in lieu of filing a claim. Can I wait to see if this PT is effective and file a claim at a later date?
Jodi Ginsberg responds: Leon, the thing you need to realize is that if you wait to file a claim you may be compromising your claim should you need to pursue it. There are many complications that can occur when you hold off on filing. For example, your employer may try to use your delay against you by contending that you hurt yourself at home or that you had a pre-existing claim. Some employers try to pursuade you not to file the claim so their premiums do not go up. If you agree and then find yourself with no claim, no coverage and no job and a denial of the claim.
There is a 30 day notice requirement to report the injury to a supervisor and a one year filing requirement with the State Board of Workers’ Compensation to perfect the claim.
Although workers’ compensation is supposed to be a "no fault" system that covers you if you are injured while on the clock, over the years it has become a very adversarial system. In some instances, employers will turn on loyal employees with a long work history and solid performance history. Often the employer will demand a resignation as part of settlement negotiations.
On the other hand, I do not necessarily think you would be acting wisely to trust your employer to do the right thing. Although I would want to speak with you further about your claim, I generally advise anyone who is injured on the job to report that injury as a workers compensation injury sooner rather than later. I also think you need to get a better idea of exactly what is wrong with your shoulder and what your likely course of treatment would be. You did not specify what you do at work so it is difficult to give you any specifics. Feel free to call me at 770-351-0801 and I would be happy to discuss your case with you further.
[tags] shoulder injury on the job, georgia workers compensation, State Board of Workers’ Compensation, rotator cuff injury [/tags]
Jodi Ginsberg
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I got injured at work, if I quit do I still receive w/c pay?