Workman's compensation claim. - Victory Forums - Victory Motorcycle Forum
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post #1 of 32 (permalink) Old 01-19-2014, 08:14 AM Thread Starter
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Default Workman's compensation claim.

This is (according to my employer) connected to victory so I hope you guys will give me some slack on the subject.

So I have been diagnosed with carpel tunnel syndrome and my employer is trying to deny my workman's comp claim and using the fact that I ride to do it. I know that vibrations can cause CTS but I don't ride a harley. I'm extremely upset here guys. What would you do?


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post #2 of 32 (permalink) Old 01-19-2014, 08:47 AM
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Take it to court, he would have to prove that you did no repetitive motions while at work. In my option he is trying to prolong this so his insurance will not go up and he is hoping you will give up, but any attorney worth his weight in cow Manure could get you what you deserve, but be prepared to also have to find a new job.


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post #3 of 32 (permalink) Old 01-19-2014, 08:58 AM Thread Starter
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Yes. That is exactly what I don't want to happen. Don't get me wrong. After this BS I fully intend to quit when the situation is resolved. I just don't want to be fired. This whole situation is heartbreaking to me. My employer does a a lot of great things around the world and I know that the owners are clueless.


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post #4 of 32 (permalink) Old 01-19-2014, 09:06 AM
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Just because your employer does a lot of great things around the world doesn't give them the right to screw you over. If you've talked to them and your doctor has and all the proper paperwork filed then you have no choice but to seek legal counsel. Oh and if they fire you there is always unemployment and depending on the state where you live you may have more legal rights that will be tied up in court. The only other issue is they're legal wallet depth may be greater than yours.
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post #5 of 32 (permalink) Old 01-19-2014, 09:17 AM Thread Starter
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You are correct Dan. They defiantly have deeper pockets than I. I have been looking at leaving this (at will) state and I can tell you that I will never live in another at will state. It just really stinks when you give your all to an employer and find out that they just don't care. My intention is to go after them with everything I can. They generally try to give light duty work to people rather than having a lost time situation. I found out Friday that doing this saves them 70% so I will not be cooperating. I intend to use the time away from work to find another job and give notice on the day I am supposed to return to work. I then intend to go and speak with the owner about my decision to leave. I doubt it will change anything but at least I will have spoken my mind.


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Last edited by Sponkey#1; 01-19-2014 at 09:42 AM.
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post #6 of 32 (permalink) Old 01-19-2014, 09:55 AM
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Yep, just boilerplate pushback. It doesn't mean your employer is a bad guy, just another slave to the insurance cartel that makes the rules.

Right out of the playbook, first point the finger at someone/ anyone else. You ride a MC therefore that created it.

Second, wait for response and gauge next step based on type of response and level of response.

So you go straight to a lawyer, ambulance chaser/ tv ad types fine in this case because the intent is to signal to the insurer that you will engage in a game of pushback. If you choose a firm that makes its bread and butter going after comp and disability the insurer knows that you are in it. After all it 's corporate insurers and actuaries on the other side of the table. Integrity isn't a factor in the equation.

Problem with comp and disability law scheisters is they will settle for a value that returns the largest check to them for the least amount of legwork. They know that number in their head before you are done explaining the particulars at the first consultation. They aren't crusaders. They have to pay for those tv ads.The settlement they negotiate won't be the most beneficial available but it will be in your favor or they wouldn't take your case. No margin in losing.

CTS is old law. Both sides know that there is a checklist to tick the tick boxes on. Typically that means you prove you have CTS, you prove that specific activities at your job created that condition and/or you prove that conditions that cause CTS are, for you, most prevalent at your job. Your lawyer will work to see that you check off enough of those boxes to force the insurer to settle. If you do it's just a matter of doing the dance and letting the clock run down. Insurers counsel will not dispute proofs but will try to add other potential sources of CTS like motorcycling and other lifestyle / non-work mandated activities.

Oh yeah. Getting pissed off is not how you win. Look at it like this. The insurer wants to protect his interests at your cost. You want to protect yours at his. There's not much common ground. They are the enemy. That's what they get paid for. Keep a clear head.

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post #7 of 32 (permalink) Old 01-19-2014, 10:13 AM
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Quote:
Originally Posted by Pop View Post
Yep, just boilerplate pushback. It doesn't mean your employer is a bad guy, just another slave to the insurance cartel that makes the rules.

Right out of the playbook, first point the finger at someone/ anyone else. You ride a MC therefore that created it.

Second, wait for response and gauge next step based on type of response and level of response.

So you go straight to a lawyer, ambulance chaser/ tv ad types fine in this case because the intent is to signal to the insurer that you will engage in a game of pushback. If you choose a firm that makes its bread and butter going after comp and disability the insurer knows that you are in it. After all it 's corporate insurers and actuaries on the other side of the table. Integrity isn't a factor in the equation.

Problem with comp and disability law scheisters is they will settle for a value that returns the largest check to them for the least amount of legwork. They know that number in their head before you are done explaining the particulars at the first consultation. They aren't crusaders. They have to pay for those tv ads.The settlement they negotiate won't be the most beneficial available but it will be in your favor or they wouldn't take your case. No margin in losing.

CTS is old law. Both sides know that there is a checklist to tick the tick boxes on. Typically that means you prove you have CTS, you prove that specific activities at your job created that condition and/or you prove that conditions that cause CTS are, for you, most prevalent at your job. Your lawyer will work to see that you check off enough of those boxes to force the insurer to settle. If you do it's just a matter of doing the dance and letting the clock run down. Insurers counsel will not dispute proofs but will try to add other potential sources of CTS like motorcycling and other lifestyle / non-work mandated activities.

Oh yeah. Getting pissed off is not how you win. Look at it like this. The insurer wants to protect his interests at your cost. You want to protect yours at his. There's not much common ground. They are the enemy. That's what they get paid for. Keep a clear head.

Well said Pop. Beats the hell out of my answer.
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post #8 of 32 (permalink) Old 01-19-2014, 10:29 AM Thread Starter
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Thanks Pop and everyone else. I'm not that guy who seeks to gain what I have not earned nor am I the type who has to blame everything on someone else. I was willing to handle this myself with the promise that I would be allowed to work light duty during my recovery. Next thing I know I'm giving a phone deposition to the insurance co.

Anyway I just needed some advice and perhaps a little moral support. Thanks again.


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post #9 of 32 (permalink) Old 01-19-2014, 11:16 AM
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Quote:
Originally Posted by Pop View Post
Yep, just boilerplate pushback. It doesn't mean your employer is a bad guy, just another slave to the insurance cartel that makes the rules.

Right out of the playbook, first point the finger at someone/ anyone else. You ride a MC therefore that created it.

Second, wait for response and gauge next step based on type of response and level of response.

So you go straight to a lawyer, ambulance chaser/ tv ad types fine in this case because the intent is to signal to the insurer that you will engage in a game of pushback. If you choose a firm that makes its bread and butter going after comp and disability the insurer knows that you are in it. After all it 's corporate insurers and actuaries on the other side of the table. Integrity isn't a factor in the equation.

Problem with comp and disability law scheisters is they will settle for a value that returns the largest check to them for the least amount of legwork. They know that number in their head before you are done explaining the particulars at the first consultation. They aren't crusaders. They have to pay for those tv ads.The settlement they negotiate won't be the most beneficial available but it will be in your favor or they wouldn't take your case. No margin in losing.

CTS is old law. Both sides know that there is a checklist to tick the tick boxes on. Typically that means you prove you have CTS, you prove that specific activities at your job created that condition and/or you prove that conditions that cause CTS are, for you, most prevalent at your job. Your lawyer will work to see that you check off enough of those boxes to force the insurer to settle. If you do it's just a matter of doing the dance and letting the clock run down. Insurers counsel will not dispute proofs but will try to add other potential sources of CTS like motorcycling and other lifestyle / non-work mandated activities.

Oh yeah. Getting pissed off is not how you win. Look at it like this. The insurer wants to protect his interests at your cost. You want to protect yours at his. There's not much common ground. They are the enemy. That's what they get paid for. Keep a clear head.
Nailed it




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post #10 of 32 (permalink) Old 01-19-2014, 11:48 AM
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You say your riding with carpel tunnel
Your boss is blocking your clam.
If you can ride I'm thinking you can go to work.
I thing the boss is right on with this

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