Anyone well versed in workmans comp. laws?

[TaLani]

Quote:
X2!

Been a w.c. paralegal now for over 12 yrs, so I know quite a few things that I could tell you -- keep in mind my knowledge is based on NC law though. First, get a good lawyer and get one that's NOT in the same town as you to avoid the "everybody knows everybody" scenario.

If your hubby's main treating dr is the one recommending the special testing, then w.c. is responsible for paying for it and for paying for a pulm specialist too if that was recommended by his main treating doc also. One question I have is: Does your wc adjuster know that the Er (employer) is requesting a face to face meeting?? That might anger the adjuster to know that an ex parte conversation (against wc law in an ongoing wc case) might occur during the course of the wc case. If the Er is wanting to offer him some sort of deal that involves things that are related to his wc case (i.e.- pension, employment), that (settlement) discussion needs to be done through the wc adjuster and/or the wc ins company's attorney, NOT through direct talks with the Er.

Those are just some things I can think of off the top of my head. Feel free to PM me anytime.

TaLani

 

[DuckLady]

If you go to this meeting do it!!! A second pair of eyes and ears is crucial. Tell hubby don't sign anything, get everything (or anything) they are offering in writing and tape record it if you can.

 

[greeneggsandham]

Not sure if this will help or not. http://www.awcc.state.ar.us/

 

[natrgatr]

Don't forget about Federal law. The FMLA protects you against being fired or coerced to retire while on medical leave also.

The At-Will employment laws don't apply when you are on medical leave either. Reason or no reason, firing or coercing someone into retiring while on medical leave is illegal. They don't have to pay you while on medical leave, but they can't fire you, especially with a work related injury.

 

[mom'sfolly]

I say talk to a lawyer, and go with your husband and record everything. Something feels very hinky about this situation. Having listened to all the stuff that is going on with this injury, I would think they are trying to pull a fast one and get out of paying.

 

[Slinkytoys]

Tuck a tape recorder in your pocket or purse. That way you will be able to play it back and be sure you understand what was said. This might help your hubby realize what (and how) something was said/meant.
This has saved my butt several times.
Slinky

 

[debilorrah]

Quote:
FMLA only covers 12 weeks per calendar year, and I believe he has exceeded that.

Kat, every state has different WC laws, so the advice to seek an attorney is a solid one. Here in CA, an employer CAN hire someone else for that persons job while out on WC, but they are obligated to let him come back to work at this current salary doing whatever they have for him to do.

You also have the option of shooting for Social Security disability. That is as much a nightmare as what he is going through with WC, I can you that. Here in CA, an employer is better off paying for the doctors and such themselves, reporting it to the state, and THEN telling your WC carrier (yes this is legal - here in CA). An employer is legally obligated to report it to the STATE, but not the carrier.

 

[gritsar]

Can you believe the chief had the secretary text DH three times while he was in the middle of the pulmonary function test?!? Asking "what did they say?". He knows what the tech. said, but I told him not to tell the chief anything, just tell him that the results are being sent to his doctor.
DH is reluctant to have me go with him and he won't carry a tape recorder. I keep telling him that he needs to think with a big city mind, not a podunk mind. We've gone round and round with the good ol' boy network in that podunk town before. Thank goodness we don't have to live there, he only works there.
The one thing he did agree to do is call the WC adjuster in the morning before he goes up there.
I'll let y'all know how it goes.


Did I mention that my DH is a very stubborn man.

The pulmonary function test shows some improvement in his lung function. Still, his doctor and even the WC's nurse are not wanting him to go back to work until the blood clots are more resolved.

 

[bburn]

My husband was hurt on a job Feb 11, 2009.

We are still dealing with it. However, we finally found a WC lawyer. Seems there is a Form 3 or 4....I think it is 4....that you need to file. Plus, you get the advice you need from someone who knows the law. And it ain't pretty....trust me!

Get a lawyer.
Know what you are up against.
WC nurse : we learned that she NEVER had to go in to see the doctor with you...she can get the info after the visit and she can simply keep out of it.
The lawyer can answer the questions about what doctor you HAVE to see and what one you don't have to see.
Get a lawyer.
Get a good lawyer.
Do not pass go.

We go to WC court Oct 11.....hopefully after that it will be over....but he still is in pain, his leg (broken femur, blood clots after, botched blood clot surgery)....it swells and he is never pain free. And he has a very physical job. He is simply out of luck. There is a set amount of settlement he will get from this court date. But, we have the rest of his life to go in pain.

Get a lawyer.

 

[can you hear me now?]

My advising e is to find an attorney. I live in Missouri and I will say wrongful termination attorneys are hard to come by. Legal.advice at this point seems to be a must. They may get him to settle and he wouldn't know.it till it happens or after the fact. Sorry to hear about your troubles. And good luck with the meeting.