My husband fractured his wrist while working. He reported his injury and went to an emergency room. After constant calls and emails, his employer sent him to an urgent care for their records. The "medical" facility they sent him to took x-rays with his splint on and told him they saw nothing. They did refer him to their orthopedic doctor, who did more x-rays and said he too saw nothing. However, he's requesting an MRI. My questions are, if the employers doctor contradicts the emergency room, what can we do? And, his employer is refusing to give him the insurance company info and is refusing to communicate with him at all, regarding his pay and his request for reasonable accommodations. What can he do? We believe they may wait out the remaining PTO he has, since he has no more FMLA, so they can fire him.
Your husbands employer should have a Medical Provider Network where you can choose an orthopedic surgeon for your treating doctor, but apparently the are refusing to provide that information. Time to find a lawyer to fight this case for you. Good luck.
Sorry you and your guy are going through this nightmare. The employer is not meeting there minimum obligations and obviously showing zero concern for their industrially injured employee for whom they are responsible. He is who they should be concerned about at this point, but they are not looking beyond their own interest. In that I'm not telling you anything you don't already know. You are getting jacked-around, If the system is made to work for you there are provisions for 2ed and 3rd medical opinions. Given the employer's posture I do believe you need and attorney. An attorney in a W.C. case is very inexpensive and there is no payment beyond 15% of the settlement at the end of the case. You can call one of us. All the best.
Steven A Meline
Any responses contain general information about legal matters; it does not create an attorney client relationship. The information is not advice, and should not be treated as...
From the time your husband notifies the employer the are supposed to turn the case over to their insurance company who has up to 90 days to investigate and either accept or deny the claim (it would be difficult to deny this from your description). Until they accept/deny, they have to pay the medical treatment bills up to a limit of $10,000.00. In the meantime, if the employer won’t tell you who the insurance is, it makes me wonder if they even have insurance. You may want to use the “Find a Lawyer” tab at the top of this page to find a top rated WC lawyer near you. We all give FREE consultations
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