Kurt Matthew Young's Answers

Have my rights as an injured worker / corporate owner been violated?

Settlement is voluntary. You don't have to settle if you don't want to. The Bureau does not have to settle if they don't want to. Currently, the settlement rate is less than 2%, meaning over 98% of claims never settle. You could try filing a declaratory judgement action against the Bureau or a similar suit, but generally you would need to pay such an attorney an hourly rate, and the success rates are low. As a general rule, BWC is given broad powers to pierce corporate veils when it...

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Employer Has No Workman's Comp

I am not licensed in your state, but have spoken with attorneys who are and can tell you as a general rule you do have a way to go. It is to seek a workers' compensation claim. You can then convert your win into a superior court judgement and enforce it. The employer may face fines and you may be able to collect some costs and possibly interest. As a general rule, you can not sue his employer. Even employer's who don't have proper coverage still get what is known as tort immunity,...

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Worker's comp

Not sure what state you are in, and may not be licensed in your state, but this would be hearsay under most state's rules of evidence. The report is not testimony. The doctor can not be cross examined if he or she is not in court. Where the rules of evidence apply, such a report could not generally be used. There may be exceptions under your state's evidence rules. Make sure you talk to an attorney licensed in your state as soon as possible.