Going to Disney while on Workers Comp

[Zachsmom4]

Has anyone done this? My DH hurt his back at work three weeks ago and has been diagnosed with a herniated disc. We leave for Disney 3 days. My DH can walk pretty good but he needs frequent breaks. The workers comp insurance company has advised us not to go, but never said what would happen if we did go. Has anyone had a similar situation?

 

[angierae]

They can and will document that he was on vacation, and deny his claim and you'll lose all his comp benefits. I've seen people lose their benefits over being taped shoveling snow or mowing their lawn - going on vacation to a place where you're on your feet a lot is not going to go over well.

I highly suggest you reschedule your trip for after he'll be feeling better.

 

[Phil'sFrontier]

--puts on his flame retardant suit--

 

[r1lissa]

Why would you NOT do what the insurance company "advised" you to do??
If my boss "advises" me not to take off Friday, you can bet I will be at my desk bright and early Friday morning.

If he goes, you are going to lose the check. If you really don't need it, take him. Otherwise, hubby needs to stay home.
They are not kidding with you. I know a guy who lost his check because he got on his roof to fix some missing shingles.

 

[drnriordan]

It's all about ability to work. If a full day of vacationing in the parks, doing rides, on his feet the whole day, etc. equates to being able to do whatever his job is, then he is not really disabled as far as worker's comp sees it. It's up to you and DH to decide if he has the ability to work. If he does, then he really should be technically back at work and using his vacation time, not out on worker's comp.

 

[Wadecool]

 

[treehugnmama]

I feel for you as the timing sucks. My dh has two herniated disks and works a very physical job. He is is pain many days but is not the type to miss owrk (not saying that your DH should be at work every situation is different) aS MUCH AS IT SUCKS THEY PROBABLY WON'T GIVE HIM HIS CHEQUE. Is it possible to reschedule? I also understand that he CAN go to wdw and may not be able to work depending on what he does and what it requires.

I am sorry about the timing of this and I feel for you. Do you have to fly to go to WDW would anyone know he is there?

 

[Tiggerlover91]

I've had a workman's comp claim, back when I was 23 weeks pregnant. I was advised on what NOT to do while the claim was "in action". Mine was just simply hospital visits and all associated with my claim were paid by workman's comp. I was advised to stay home and rest for a day or two....I did.

I know it's Disney and you're only 3 days away, but as PPs have said, you'll lose that check if they know or can prove you went on vacation...and to someplace where A LOT of walking is required.

 

[Tiggerlover91]

You KILL me and your popcorn smilie! LOVE IT!

 

[CopasFamily]

As a Neurosurgeon and Pain Management surgery center manager, I would advise against it 100%. A lot of our patients are work comp, and the minute a company finds out about a possible cause of an injury not related to that claim they will start denying office visits, surgical procedures, and medications that our doctors deem necessary.

For instance, we have a patient that was about to have a lumbar decompression (Gross factor: It's a procedure where the doctor burrows and removes tissue from the spinal column.), and her work comp carrier revoked authorization after finding out that she had been a passenger in a minor fender bender (less than $50 damage to the vehicle she was in) the previous month. Our doctor had already ordered a repeat MRI of her spine and there was no change after the auto accident than from the one she had directly after her on the job accident. So if she wants this procedure, she'll have to pay as a self pay patient which with the surgeon and facility charges will be close to $10,000 until her attorney can fight with the worker's compensation company and get a settlement or get them to authorize it.

 

[soupy11]

Can I just add that I am super sorry for your bad timing. Hope you guys can reschedule with no problems.

 

[Tony NY]

hum my dad been out for over a year and if he is still on Workers comp . I renting him a powerwhell chair just like I have he need footsurgery but he up a few years from reterment so I say why not come on a vaction he only coming for the food LOL and the shows I see this a Rehap and I tired of him just staying home...

 

[ftballfan7]

What does the doctor say? That is the most important thing. This is not the best place to get what amounts to legal advice that could have significant ramifications. If it were me, I would ask the doctor if going to WDW is okay and if so what limitations should be followed (i.e. wheel chair, frequent breaks, etc.) then I would check with a lawyer (if he is in a union, he should be able to get a legal opinion for no cost).

Where there are only three days I would err on the side of caution and postpone the trip, unless I was able to get all my ducks in a row real quick. Worker's comp insurance companies can be brutal. The laws affecting coverage and on what basis coverage can be denied varies from state to state. Even if your right, it is a risk.

I know the worker's compensation company my employer uses is hideous and denies every claim no matter what, you then have to fight for coverage. Luckily we have a strong union to help. For example, I am a Firefighter/EMT and after transporting a patient to the hospital, was notified that I had been exposed to meningitis. I was ordered by my Captain to go to the hospital for prophylactic antbiotics. I missed no time but had the the bill for treatment. Worker's comp denied the claim and the union had to fight it for me. In my job people get hurt and in 22 years every single claim I know of has been initially denied and had to be fought for. I am sure this works out well for the company particuarly when there is no union for protection, many people can't afford to fight these battles on their own especially with no income due to injury.

Good luck, I hope he feels better soon and is able to get back to work and play.

 

[Lynne M]

What they mean when they say they're advising him not to go is that they will NOT pay you any more money if he does. The doctor bills, etc, will all be on you.

I know it really stinks to have to give up a vacation you've already planned, but it's a choice between Disney and the insurance money. Unfortunately, you're not going to get both.

One other thing to consider...has he been on medical leave from work because of this injury? If so, his employer might be very (very) unhappy to find out that he was in Disney World while he was supposed to be home recuperating.

 

[ProudMommyof2]

Is your DH in physical therapy or have any appointments? As a nurse practitioner, if I put someone out of work for an injury and they miss these appointments the party is over. When you are out of work, your only job right now is to get better.
I know you planned this trip a while ago, and it stinks. But, if your DH does anything to jeopardize his claim and can really bite him in the backside. Any future claims, and trust me the back is sooo easy to re-injure, will also be at risk.
I would reschedule and make sure DH is 100%. Even if he doesn't get "in trouble" there is a very good chance he won't be up to doing all you have planned or will push himself too hard to try.

Good luck

 

[dsny1mom]

Has anyone done this? My DH hurt his back at work three weeks ago and has been diagnosed with a herniated disc. We leave for Disney 3 days. My DH can walk pretty good but he needs frequent breaks. The workers comp insurance company has advised us not to go, but never said what would happen if we did go. Has anyone had a similar situation?

WC does not govern what an injured worker does when they are out on WC, as long as the injured worker stays within any restrictions they are given by their Dr and they attend any and all Dr appts. physical therapy sessions, etc. they are free to do as they please. Of course working another job while out on WC would be fraud and illegal but that's not at issue here.

It really isn't WC's business that you are going on vacation but since you told them of your plans I would CYA by having your DH's DR put in writting that it is medically reasonable for him to go on vacation.

My guess is a back injury would preclude him from going on a number of attractions and he would want to be very careful that he didn't ride something or do anything that would exhasberate his injury.

And yes, I had a WC injury and I went to WDW while I was recuperating. My injury was not affected by walking or flying or enjoying passive attractions.

I scheduled my physical therapy right before I left and right when I returned so I didn't miss any sessions. I asked my Dr if he felt I could go and he said yes. I never told the WC insurance carrier because it wasn't their call to say what I did while I was getting better, as long as what I was doing was within my restrictions and what my Dr felt was ok for me to do.

Just be forewarned that what others say is true when they say WC insurance carriers are always looking to pin an injury on factors other than the workplace they insure. IOW if I were you I'd only go if his Dr says it's ok, make sure he only went on very tame attractions, and follows any restrictions his Dr has given him.

dsny1mom

 

[Eljay]

Aside from all of the ethical and financial ramifications of going to WDW on Worker's Comp, as a back patient myself, I know that a back issue is for life.

How well the patient follows the Dr.'s and the therapist's orders will determine how well or if he will ever return to a good quality of life. This is a very serious issue.

 

[ratmaster]

If you decide to go, be careful..as in CYA. In other words, don't email your friends photos of DH screaming as he cascades over Splash Mountain. Also, keep in mind that a vacation in and of itself may not be a big issue if no dr or rehab appointments are missed. He could get a scooter or chair or just lay by the pool all day. But, getting to vacation can be considered a hazard too. Sitting in a car or on a plane for extended period would also peak the interest of the comp board, especially if DH's vocation requires the same.

 

[mickeyboat]

If I were you I would reschedule. Haven't you seen those news programs which "catch" people scamming the WC system by pretending they are injured and can't work, but are able to wash their cars and play softball? I believe some of them those people are prosecuted for insurance fraud.

Even if you weren't risking the WC company claiming he is not as injured as he says he is, you risk not being paid wages for the time you are gone. I don't believe WC pays wages for vacation time.

 

[Zachsmom4]

Thank you all for your advise. DH has gotten the ok from his Dr.'s and PT to go to Disney. He has been relased to light duty and is able to work with restrictions, but his job does not have any light duty available to him so he is off. His work is well aware that he had this trip planned. So he is not hiding anything and has been upfront with WC the entire time.