Getting screwed by WCB

[allblowdup]

Man I just hate getting screwed over by WCB. This is the second time in ten yrs that an employee has filed a bogus claim for getting injured on the job. The first time the guy said his grinder caught and hit him in the ribs. We later found out that on the weekend before he had rolled his quad over on him self and the bars had squashed him in the chest. He went 5 yrs on compensation before they caught him working under the table and getting the comp also. Do you think that WCB would take it off of my record. Not a chance. We got a worse rating because of the claim and our premiums went up. We had even tried modified duty for the guy and that didn't work. The latest is a guy that worked for me for two weeks and then demanded more money. When I refused, he quit. 1 month later I get a letter saying that he injured his back while lifting something. I got all over it right away but it didn't help. They sent him for tests and a MRI and determined that he had age realted disc degenerative issues but non that were acute. They even noted that during the exams that his pain points moved around some and that was consitant with trying to fake pain. He was cleard for work but wouldn't because the pain bothered him he said. they have been paying him wages ever since. Apparantly there is nothing I can do except take in in the rear. we have an organization up here call the CFIB that is lobbying to make the system more fair but it will take along time.

Sorry about the rant but I had to vent a little.

[Unkl Ian]

One weasel where i worked, claimed he hurt his back , and made a point of telling the big boss.
The big boss says "put it in writing" and walks away.

The weasel grabs a piece of paper, scribbles something on it,
then goes running after the big boss to give him this paper.

Wouldn't believe it if I didn't see it happen.

[donc]

A guy I know works for the state, falls off the same tractor , same place 2 yrs. in a row . Hurt his back , sure he did, spent 2 summers off getting paid ,traveling around racing his sprint car (on dirt no less). While I paid taxes for that.

[WeingartnerRacing]

This will always be a problem when you have lawyers on television saying we don't charge you unless you get paid. They don't have to put up anything to sue. I think this is a big problem but I think their are too many lawyers in congress, both state and federal level, to do anything to change it.

[BCLS776]

I went through a similar experience with an employee and learned a few things from that experience. The biggest thing is that the best defense is a good offense when it comes to this stuff. Learn every single thing you can about how WCB works there and all of the rights of employers and employees. Learn how to AGRESSIVELY deal with potential WCB claims before they develop. Modified work is just the first step. Make contact with a doctor who specializes in workplace injury and make it clear that anyone who says they are injured will also be visiting your doctor for assessment, not just theirs. When potential free-loaders see that you know the system better than they do, and that you're not afraid to use it, they will choose some other place to have their "accident".

[tony schmale]

I'm just glad to see that we're not the only country with worthless dirtbags working the system. Maybe some harsh punisment for fraudulent claims would help deter some of this but I don't suppose that would be politically correct. There sure seems to be stiff penalties for me if I don't pay my taxes or make a mistake on a sales tax report. Being a white male, maybe I should sue for racial profiling.

[dwilliams]

In a previous time as an employee, I was required to attend a mandatory class in "sexual harassment." I thought the class would be about how to avoid getting into a situation that might be considered sexual harassment. Instead, the class was about how to identify when you could claim sexual harassment, and how to file a claim against your employer for allowing it to happen.

The class was taught by a contractor, and by coincidence, the person who selected the contractor and course was my immediate supervisor, who had just sat through the class with us. I took him aside and asked him if he understood he'd just paid for a course that could end up causing trouble instead of preventing it, but he made it obvious he didn't understand or care.

I imagine there are similar "job safety" courses out there that are similar - instead of teaching someone how not to grind their finger off, they're teaching how to stick it to their employer when they do. Run enough employees through that kind of "training" and spread them throughout the local job market, and you have a problem.

[Schurkey]

Yeah, yeah, yeah. Same ol' stuff. Employees are theives, companies are overcharged. I hear that all the time.

In MY state, the worker's compensation board was told by the Supreme Court that unless they started paying some claims, they'd be in breach of the agreement between employee and employer--employee doesn't sue, based on the guarantee that their claims will be processed fairly and quickly.

The Worker's Compensation board would not generate a long-distance telephone call. If you wanted to contact them, YOU had to call THEM, because they wouldn't spend the money for long distance. Seem like a reasonable way to run a state agency? Even quite recently, when the Worker's Compensation Board holds a seminar, they refer to employee lies as "INSURANCE FRAUD" and start moaning about jail time, and employer lies as "misdeeds" that "just happen". Guess who they're biased against?

In this state--and maybe others--employees would be much better off if they could sue the employer. Lots of employees would own the company they used to work for. Then employers would see how the current system (employees do not have the right to sue) is practically Corporate Welfare.

[allblowdup]

Different up here is Canada. WCB does NOT care if the employee or employer lies. They are legislated to do things and assign benifits based on the doctors information. It doesn't matter if the guy stabbed himself in a hunting accident. If he said it happened at work then they process the claim. I have had the case worker tell me that they know the guy is lieing but she said that because there is no proof that he is lieing that she is legislated to put through the claim and if I want to appeal it I can but that is a differnt department. I have tried to appeal some and it took 15 phone calls just to talk to someone. Usually it was a voice mail and no return call. Needless to say you only have a small amount of time (30 day to appeal it) were the employee has 1 year to appeal a decision if they don't agree. Even if the doctors information does not warrant the assignment of benifits the employee can demand another doctor. You can see how this would just keep going and going. Theer are more pathways than you can imagine for the employee and the employer only gets letters telling what he is doing after the fact.

[pisden]

Actually here in Canada an employee only has 90 days to appeal a decision and the employer has the same 90 days. There is also many consequences for lieing to WCB including, fines, jail time and criminal charges. Yes, they follow what doctors say, but the doctor must indicate the injury occured at work or the claim will be denied. WCB looks out only for WCB. They don't care about employees or employers. In our case, we had all our documentation, proof in black and white, that my husband was hurt at work, even saw their specialist on top of our family doctor, all who said the injury occured at work, and he was denied (we did win our appeal though but have been screwed over more times that I care to count since dealing with them). They base their decisions on a medical advisor who reviews the paper work but never actually examines the injured person. Now saying that, my parents own a grocery store and had a claim against them because a worker pinched some belly fat in a cooler door and got a bruise, she was entitled to one months pay. WCB is a government run organization who expects the employers to pay premiums, but doesn't actually do anything to help either the employee or employer, they do it to line their own pockets. The screw yous certainly go both ways and I seriously feel for anyone, employee or employer, who has to deal with WCB.

[cuisinartvette]

Was self employed for 17 yrs owner operator
Occasionally come across someone who needed some work, an opportunity, etc. Whatever .

Hired a guy who worked for ONE day then quit when I wouldnt give him an advance. LOL

6 mos later get a call from a hospital 120 mi away with him claiming he hurt his back working for me. Denied he ever did as he had 0 proof.

Long story short if he had even had the legal maling address of the co or a check # I would have been screwed plus the fine for not having the ins.

He was just after pain meds and made a living suing businesses.

These days work a 9-5 "state" type deal
The amount of bogus 99 out of 100 are IA injury claims are unreal
NO shame at all they get paid more to stay home than come to work.
SOme stay out for yrs and play the system well
Eventually they return and within 30 days go right back out and get away with it.

Blown away never seen anything like it.

Best of luck to you guys

[mbrooks]

got a guy at work (federal employee) who was forced to retire because of age----is filing for unemployment be interesting to see how this shakes out.