work comp problem

LeeR

ee files a claim in Nov stating they hurt their knee in August during training. No witness available that remembers as far back as August. ee never reported anything then either. Comp carrier says we have to allow ee to file claim and that in state of ms they will probably have to pay the claim. any suggestions or advice

Don D

Yes. File the claim and expect that it will be paid. Then beef up this part of your annual refresher training on reporting potential injuries.

Balloonman

Your adjuster is correct that you have to file a claim. There is nothing that says the insurance company cannot deny the claim. Submit the claim, have them take a recorded statement from the individual so you can learn the details of the claim then push them to deny it.
Once you have built a relationship with the adjuster it makes it easier. They will know that when you are telling them to deny a claim that they better do everything they can to see if they can find a legal way to deny it. They also may still have to come back and say, sorry, I have no legal grounds to deny it. Push your adjuster, make sure it is clear you want the claim denied.
My $0.02 worth.
DJ The Balloonman

Peyton Irby MS

the previous posts are correct. the employee is to report an injury within thirty days [Miss. Code Section 71-3-35] but this time limit is rarely, if ever, enforced due to case law liberally construing what constitutes notice.
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

MS HR

i could report as a worker's comp injury that i aggravated a knee injury i suffered playing football in the first grade.
i am allowed to make the claim, BUT THE BURDEN OF PROOF IS ON ME (witnesses, etc.)TO SHOW THE NEXUS BETWEEN MY WORK AND THE ALLEGED REAGGRAVATION. A good worker's comp program will impose stringent "proofs" that must be shown to approve the claim.