QUESTION
What can my husband do legally if he recently sprained his knee at work and is being harassed by upper management since it happened?
Asked on Apr 05th, 2014 on Personal Injury - Washington
More details to this question:
One manager yelled to another manager on the production floor that it was a preexisting condition and he had better use his own insurance. They've also been patronizing him as if to imply that he is acting like a child. They are failing to comply with the restrictions his doctor put him on and they are instead making him work on the floor for 8-10 hours a day while his restriction says he can only work on the production floor for 1-3 hours a day. Right now, his knee is not healing properly because he is not able to rest it appropriately. We do not currently have a lawyer.
12 ANSWERS
Ronald A. Steinberg
He should hire a lawyer.
Answered on Apr 14th, 2014 at 5:43 AM
You need to hire a good lawyer who specializes in workers compensation cases immediately.
Answered on Apr 09th, 2014 at 5:26 AM
Edwin K. Niles
You need a workers comp lawyer.
Answered on Apr 09th, 2014 at 5:26 AM
In order to preserve your legal rights you have to file a workers' compensation claim. You are unable to file a lawsuit outside of the confines of workers' compensation through the industrial Commission. All compensation will be received through the NC Industrial Commission. You should file a Form 18, if not already done.
Answered on Apr 09th, 2014 at 5:25 AM
James Eugene Hasser
Do not work out of restrictions. Use the restrictions as a shield. Tell the doctor who put the restrictions on him what they are doing. Presuming he has not reached maximum improvement (MMI) in his condition, if they can't work him within the restrictions, they will owe him for temporary disability. If he has reached MMI, and they can't work him, from a compensation standpoint, he may not be able to do anything other than to get his scheduled permanent disability benefits, unless he can prove he is permanently and totally disabled. If he has reached MMI and has been given a percentage disability rating, he can get those permanent disability benefits, regardless of whether he is working. Consider consulting an experienced compensation lawyer.
Answered on Apr 09th, 2014 at 5:25 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Suggest you get a good comp lawyer to help you.
Answered on Apr 09th, 2014 at 5:24 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Your husband may have a case, which could be determined by reviewing his medical records as well as the facts of the accident.
Answered on Apr 08th, 2014 at 7:15 AM
You need to file a claim for worker's compensation benefits that cover temporary disability benefits, ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Apr 08th, 2014 at 7:15 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get a lawyer. This is a workers comp issue.
Answered on Apr 08th, 2014 at 7:14 AM
Thomas Edward Gates
You need to retain a personal injury attorney.
Answered on Apr 08th, 2014 at 7:14 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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He is free to proceed on a workers compensation claim, ask employer for medical help and if they refuse have himself taken out of the MPN restrictions in workers comp and self procure treatment. They may refuse to pay him temporary disability, in which case he will have to seek state disability until the issues are sorted out.
Answered on Apr 08th, 2014 at 6:35 AM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If he was injured on the job, the company must cover the claim under State Industrial Insurance.
Answered on Apr 08th, 2014 at 6:20 AM