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  1. #31
    us
    Jan 2008
    Black Hills of South Dakota
    Tesoro Lobo & Garrett Stinger
    4,173
    76 times
    All Types Of Treasure Hunting

    Re: got a bill fur $1,959.35 for ....

    Ok, I just was reading the California statutes about WC.

    Your employer doesn't get to take your settlement - if you get one - unless they pay you the settlement out of pocket first. Someone doesn't have to be at fault to collect either WC or a lump sum settlement - in any state. Workmen's comp is specifically for any injuries that happen at the workplace - regardless.

    Beth


    If you want a whole lot of boring reading, here it is:


    https://www.dir.ca.gov/samples/search/querydwc.htm
    "Irony is the rule"

  2. #32
    us
    Oct 2006
    9,050
    348 times
    Honorable Mentions (1)

    Re: got a bill fur $1,959.35 for ....

    thanks for the info but 3 bloodsucker attorneys told me its a new law

  3. #33
    us
    Jan 2008
    Black Hills of South Dakota
    Tesoro Lobo & Garrett Stinger
    4,173
    76 times
    All Types Of Treasure Hunting

    Re: got a bill fur $1,959.35 for ....

    Three may have told you - but, it is not true.

    UNLESS - that's the rub:

    First - they are guided by Federal law - California law cannot usurp Federal Law.

    Second - the only way that your employer can get your settlement, is if they are going to pay you every single week the equivalent of that amount.

    If a court finds in your favor, an employer (or a California law) cannot change that. Like I said, there are exceptions - so, I am assuming that you are planning on getting weekly checks for the rest of the time.

    California also has the option of giving you State Disability while it is in court. THAT, has to be paid back when you get a settlement.

    Employees who have been injured on the job in the State of California are frequently confused by the vast array of laws and procedures involved in:
    (1.) Determining whether or not they have a "case" and
    (2.) How to pursue a claim for workers' compensation benefits.
    The information contained in this article is intended to be a general summary of the various benefits that MAY BE available to an injured worker pursuant to the workers' compensation laws in the State of California.

    While each case is different, the following is an outline of how a case normally proceeds through the system. In general, there is a big difference between a "denied" case and an "admitted" case. The outline below deals primarily with cases where the insurance company has admitted that an injury has occurred. However, there may be disputes regarding other important issues such as the nature and extent of the injury, the need for medical treatment and the need for vocational rehabilitation. When the insurance company "denies" that an injury occurred, many of the issues will have to be litigated or the injured worker will have to agree to take something less then the maximum allowable benefits that the law provides.


    Temporary disability is paid at a weekly rate during the time the doctor says the injured worker is unable to work due to the injury and there is still a chance of improving the condition with medical treatment. The compensation rate is two-thirds (66%) of the employees gross earnings, up to the maximum amounts set by law. The current maximum rate is $490.00 per week(if the injury occurred on or after 1/1/96). Depending on the date of injury, there is a short waiting period for your first check. It usually takes about 2 weeks before the first payment is made.
    If for some reason the insurance company will not pay temporary disability, it is often possible to receive disability payments from the Employment Development Department. These are called SDI (State Disability Insurance) benefits. An injured worker cannot receive benefits from both the workers' compensation carrier and from the Employment Development Department.


    1. COURTS AND LAWSUITS

    The Workers' Compensation Appeals Board is the trial court for all industrial injuries involving your employer. This is an administrative law proceeding. There are no juries. A workers' compensation judge makes all of the decisions if the case goes to trial. If you are injured as a result of the fault of someone who is not employed by your employer, you may be able to sue that person in Civil Court, in addition to your action against your employer.
    2. ATTORNEYS' FEES

    Attorneys' fees are set by the Workers' Compensation Appeals Board and are usually 12% to 15% of your award or settlement. Attorneys are also entitled to a similar fee for assisting in arranging the rehabilitation program. When there is no recovery on a case, there is no attorneys' fee.



    I've skipped a whole bunch, but, this is directly from the State. Let me tell you a little secret - many attorney's don't like to take cases unless its hundreds of thousands of dollars.

    Being in the health industry - I've been to WAY more than my share with patients. Partially disabled, totally disabled, temporarily disabled - the whole bit.
    If you were hurt, truly hurt - do what it takes to make a REAL claim - because, if nothing else, medical bills can KILL you, because insurance (private) will not pay for one single dime of WC injuries, and if you DO get a regular insurance company to pay - and they find out - you are going to jail for fraud.

    Beth
    "Irony is the rule"

  4. #34
    us
    May 2008
    deming n.m.
    Any thing Available within 50ft
    521
    8 times

    Re: got a bill fur $1,959.35 for ....

    About 6 years ago I rolled a Van.

    Got a ride to the hospital, had a neck X-ray, prescribe Ibuprofen and Rest.

    I received a bill for just over $6,000.

    I was only in the hospital for a total of 1 1/2 hours.

    I demanded a break down of the bill. All it said was YOU OWE.

    They refused to break it down saying I needed to contact some outfit four states away and ask them. I said You did the work, You should know what you did.

    I never did pay it.




  5. #35
    us
    Jul 2010
    Central Florida
    A Propointer tied to a stick
    1,522
    25 times
    Metal Detecting

    Re: got a bill fur $1,959.35 for ....

    These days, if you can get out of the hospital for less than $5k, you did well.

    The important thing is, you walked out of the hospital and weren't removed from it in a hearse.

    That is a very good thing.

  6. #36
    us
    Oct 2006
    9,050
    348 times
    Honorable Mentions (1)

    Re: got a bill fur $1,959.35 for ....

    Quote Originally Posted by mrs.oroblanco
    Three may have told you - but, it is not true.

    UNLESS - that's the rub:

    First - they are guided by Federal law - California law cannot usurp Federal Law.

    Second - the only way that your employer can get your settlement, is if they are going to pay you every single week the equivalent of that amount.

    If a court finds in your favor, an employer (or a California law) cannot change that. Like I said, there are exceptions - so, I am assuming that you are planning on getting weekly checks for the rest of the time.

    California also has the option of giving you State Disability while it is in court. THAT, has to be paid back when you get a settlement.

    Employees who have been injured on the job in the State of California are frequently confused by the vast array of laws and procedures involved in:
    (1.) Determining whether or not they have a "case" and
    (2.) How to pursue a claim for workers' compensation benefits.
    The information contained in this article is intended to be a general summary of the various benefits that MAY BE available to an injured worker pursuant to the workers' compensation laws in the State of California.

    While each case is different, the following is an outline of how a case normally proceeds through the system. In general, there is a big difference between a "denied" case and an "admitted" case. The outline below deals primarily with cases where the insurance company has admitted that an injury has occurred. However, there may be disputes regarding other important issues such as the nature and extent of the injury, the need for medical treatment and the need for vocational rehabilitation. When the insurance company "denies" that an injury occurred, many of the issues will have to be litigated or the injured worker will have to agree to take something less then the maximum allowable benefits that the law provides.


    Temporary disability is paid at a weekly rate during the time the doctor says the injured worker is unable to work due to the injury and there is still a chance of improving the condition with medical treatment. The compensation rate is two-thirds (66%) of the employees gross earnings, up to the maximum amounts set by law. The current maximum rate is $490.00 per week(if the injury occurred on or after 1/1/96). Depending on the date of injury, there is a short waiting period for your first check. It usually takes about 2 weeks before the first payment is made.
    If for some reason the insurance company will not pay temporary disability, it is often possible to receive disability payments from the Employment Development Department. These are called SDI (State Disability Insurance) benefits. An injured worker cannot receive benefits from both the workers' compensation carrier and from the Employment Development Department.


    1. COURTS AND LAWSUITS

    The Workers' Compensation Appeals Board is the trial court for all industrial injuries involving your employer. This is an administrative law proceeding. There are no juries. A workers' compensation judge makes all of the decisions if the case goes to trial. If you are injured as a result of the fault of someone who is not employed by your employer, you may be able to sue that person in Civil Court, in addition to your action against your employer.
    2. ATTORNEYS' FEES

    Attorneys' fees are set by the Workers' Compensation Appeals Board and are usually 12% to 15% of your award or settlement. Attorneys are also entitled to a similar fee for assisting in arranging the rehabilitation program. When there is no recovery on a case, there is no attorneys' fee.



    I've skipped a whole bunch, but, this is directly from the State. Let me tell you a little secret - many attorney's don't like to take cases unless its hundreds of thousands of dollars.

    Being in the health industry - I've been to WAY more than my share with patients. Partially disabled, totally disabled, temporarily disabled - the whole bit.
    If you were hurt, truly hurt - do what it takes to make a REAL claim - because, if nothing else, medical bills can KILL you, because insurance (private) will not pay for one single dime of WC injuries, and if you DO get a regular insurance company to pay - and they find out - you are going to jail for fraud.

    Beth
    thanksfor the info Frank

  7. #37
    us
    "you can't fight with me...you're miniature...you fight like a hamster."

    Nov 2008
    1,265
    10 times
    All Types Of Treasure Hunting

    Re: got a bill fur $1,959.35 for ....

    Quote Originally Posted by aa battery
    Quote Originally Posted by K*E*L*L*Y
    tell me about it ...
    i feel bad now knowing wat you went through. Forgive me please.FRANK
    <3 ya
    today and everyday ...... happy go lucky to be alive

  8. #38
    us
    Mr.

    Jan 2012
    Yourtown
    Garrett
    431
    43 times
    All Types Of Treasure Hunting

    Re: got a bill fur $1,959.35 for ....

    Are you insured or uninsured??

    Any doctors office has 2 sets of prices. Tell them you are paying cash and your bill magically gets cut by half or more, that in itself is unethical. Why charge me one price and then turn to drill the medical insurance company for anything more than the same??

    I was a foreign teacher and had to get a body inspection / health check every year. This battery of tests included a chest X-ray, blood work, urinalisis, general physical, eye exam, EKG , hearing test and an ultrasound on the stomach and kidneys. All of these tests in the foreign country cost less than 50 USD. If it can be done there and at a profit then it can be done here in America as well. Bought new eyeglasses made on the spot in less than 3 hours for 20 USD. (China)

    Another example: A friend of mine his son called he is living in Mexico working in San Diego, he cuts his hand goes to an American doctor in Mexico gets 5 stitches and charged 2.50

    Problem is doctors are in practice to milk as much money from the government insured and worker insured patients that they can.

    Profit is not a dirty word however greed and gouging are. Dealing with most doctors and hospitals instead of feeling better and more healthy my butthole has a dull anticipating ache from the royal screwing I know is coming from the billing department.
    Just because i dont have insurance is no reason i should not have the ability to go see a doctor and recieve treatment for a reasonable service fee vs bill collectors calling for outragous fees.

    Doctors , pharmapsuedical campanies and hospitals with unethical billing practices are just one of the leaches sucking on the government tit that needs cut off.
    If it were easy and we scored keepers everytime it would be called Coin Roll Picking not Coin Roll Hunting.

  9. #39
    mx
    May 2010
    636
    98 times

    Re: got a bill fur $1,959.35 for ....

    >>It's hard to believe but we still have some of the best medical care in the world (we're losing it fast).

    Not to rain on anybody's parade, but over the years I have developed a totally different view.

    How could the sickest, most unhealthy nation in the world be said to have the best medical care in the world? I don't get it. Sure, once they totally destroy your health with bad dietary advice, they can do all kinds of things to the body they ruined.

    When I cross the border, I see FAT! FAT! FAT! I see electric wheel chairs occupied by behemoths. I see handicapped parking over loaded with disabled licensed cars.

    Good medical care starts with correct diet. For decades, we have been inundated with orders to eat a low fat; high carb diet. Yet, 70% of the population needs low carb, moderate fat diets.

    If you want to know the truth about diet, borrow GOOD CALORIES BAD CALORIES from your local library. It turns out there was never any evidence that low fat was correct. It was a wild guess by 8 or 10 influential doctors and anyone who objects must be destroyed.

    Atkins cured 95% of his patients from infarctions, and diabetes and more. Yet, he is viewed as a quack by the folks who can only send you to IC for millions.

    Here in Mexico, my best friend can do a majority of what you would pay thousands for an MRI, and he can do it for less than $30 with an ultrasound machine.

    Several years ago, my little grandson got a fever and vomiting on Thursday. The family doctor offered to squeeze him on Monday. This is terrible medical care. My son told us it was roseola, and sure enough on Saturday he got the rash on his back. His mom then developed a terrible head-ache. My son said it was a viral meningitis, caused by the roseola. My daughter refused to tell her doctor her son had roseola, and as a result their co-pay for two days in the hospital was $2000, the doctor feared it was encephalitis.

    My son injured his knee. He said an MRI would cost maybe $5000 and the surgery, maybe tens of thousands of dollars in the US. Here, it would be $300 for MRI, and maybe $2000 for surgery by a doctor who does that surgery for their million dollar soccer stars.

    Here if you get sick at 2 am, you go to the doctor at 2 am, and he opens the door and treats you.

    The difference is, no heart/lung machine, and no life support for brain dead people. And, when it is your time to die, they send you home to die with your family, free. No hundred thousand dollars for the last 3 days or your life.

    By the way, my friend doctor, he really screamed when I started Atkins 5 years ago. He watched as my health got better and better. In late November, he told me he was worried about his health. When he told me his symptoms, I told him, "You are going to die unless you start my diet." He did not argue because he well knew I was right.

    He did start the diet and is down 15 pounds, and the muscles in his legs no longer hurt when he walks. To be explicit, he is on the New Atkins, lots of vegetables, and low carbs.

    If he hadn't watched me for 5 years, he would never have trusted the low carb diet, and he'd soon be dead.

    Taubes and other low carb diets work, too. You need one that suits you emotionally as well as health wise. Diets are like dancing. A really good dancer improvises. The rest of us need to memorize the steps of a dance someone else invented.

  10. #40
    us
    Jan 2008
    Black Hills of South Dakota
    Tesoro Lobo & Garrett Stinger
    4,173
    76 times
    All Types Of Treasure Hunting

    Re: got a bill fur $1,959.35 for ....

    Unfortunately - you are way too right - the US is losing its edge, very rapidly -

    As of 2011, we are 34th in infant mortality (7 per 1000) Singapore has the best survival rates, (2.6), Afghanistan the worst (144), by United Nations numbers (194 countries). We are 46th in World standards. (Singapore is still first out of 224 countries, Angola being the worst) Its a sad thing.

    Beth
    "Irony is the rule"

  11. #41
    us
    monty

    Jan 2005
    Sand Springs, OK
    ACE 250, Garrett
    10,748
    75 times
    All Types Of Treasure Hunting
    Banner Finds (1)

    Re: got a bill fur $1,959.35 for ....

    Exploding of the patient will automatically add another 5 thousand dollars to the original bill. Keep a long fuse handy. Monty
    Don't make me loose the hounds! If you dig, Cover up your holes.

  12. #42
    us
    Jan 2008
    Black Hills of South Dakota
    Tesoro Lobo & Garrett Stinger
    4,173
    76 times
    All Types Of Treasure Hunting

    Re: got a bill fur $1,959.35 for ....

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    "Irony is the rule"

  13. #43
    us
    My Find of a Lifetime!

    Oct 2006
    Philadelphia Area
    White's V3i Excalibur 1000, Teknetics T2 SE
    5,064
    252 times
    Banner Finds (1)
    Honorable Mentions (2)

    Re: got a bill fur $1,959.35 for ....

    I would be happy with a bill like that, if that is not with health insurance coverage.

    What irks me is paying $18,000 dollars in PREMIUMS each year.

    I estimate that I have spent more than $300K in health and auto premiums in my adult life.

    My friend is the personal chef for the CEO of Cigna. Every day this man eats meals like African Lobster Tails or Fillet Mignon as a company paid lunch, on top of his $3,000,000 salary.

    IMO, if you take the insurance companies out of the mix, hospital costs and drug costs would be affordable. I would rather get hit with a $30K hospital bill once every 10 years than $18K annual premium!

 

 
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