My husband fell at work, protocol was not followed, do we get a lawyer?

by admin on June 7, 2010

My husband fell 20 feet he has witnesses, he was working off the job site. He was taken into the office, the cut on his face cut and his company was notified. He was a little stiff, returned to his workplace an hour later. There was an emergency and they told him they would do a injury report in the morning. The next day he asked, he was told by his boss that it was all filled out and in his file, if there was a need to see a doctor , they would send it in.
1 week later he can not move
He informed his employer that he was going to the doctor , when he asked about workmans comp they said they did not have recollition of the accident.
He has since had two spinal surgeries including fusion and his health ins was cancelled. Now we have whopping medical bills.
So he called his employer and said I think I will have to get a lawyer. 2 weeks later we get a letter stating he was injured on 2/26, he was already out of work on that date. Does that letter of admission give us a case?
We got a letter from the comp carrier stating they were notifed of the injury and a general form letter from the state regarding workmans comp rights-we did not request this.

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{ 6 comments }

Arthur W June 7, 2010 at 3:52 pm

Contact your states workers comp div. to see if any report was actually filed and notify them of what happened and that you were lied to. Then contact an attorney specializing in worker comp cases for help and get whatever witnesses , any data you have together and let him decide your next step. That letter with the wrong date is a poor attempt to cover their butts and will work against them. Contact the attorney and good luck

SIR GOLFALOT June 7, 2010 at 3:52 pm

Contact an attorney right away, be sure they will take the case contingent upon you prevailing.

SRA AFIN June 7, 2010 at 3:52 pm

Yes see a lawyer HR personnel have to contact the person who was hurt on the job that is Federal Law. Fight back as long as you can they will fold since you have witnesses.

Kelly H June 7, 2010 at 3:52 pm

YOU BETTER GET A LAWYER…QUICK!!!!!

worldwise1 June 7, 2010 at 3:52 pm

You should hire a lawyer fast! Document all evidence and assemble witnesses. This could be a major case. Also, the letter from his employer is certainly an acknowledgement. You can straighten out the inaccuracies later.

SexyTrojan June 7, 2010 at 3:52 pm

You "think" you should get a lawyer????? Are you serious? Do you think the company is going to be on your husband’s side? the fact that they did not file the injury report (required by OSHA) is a dead give away!

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