Yes. She needs to contact an attorney right away. There are many talented trial lawyers in Scottsbluff. I suggest she contact Javoronok and Neilan, Mike Meister, or Hoffmeister Holyoke as soon as possible.
I'm a NE licensed attorney that practices workers' compensation. Here's my opinion:
There is a cause of action here. Your husband had an injury in the scope and course of his employment. He is entitled to reasonable and necessary medical care. I would think the ER visit was reasonable and necessary considering the circumstances. It is my impression that the employer should pay for the ER visit as well as the tests.
His employer should have presented Form 50 and allowed him to go to...
I agree with what has been said so far. This is a terrible tragedy. I hope everyone is doing as well as can be expected.
I agree that there might be coverage under your/your son's policy, but the fact that the plates were taken from one vehicle and put on another vehicle is an issue. Although that is a minor crime (displaying fictitious plates) it may void coverage under the policy. I think you ought to speak to an attorney about the issue. If there is a means to avoid a conviction...
The fact that your license is suspended is something the insurance company might try to hold over your head to force you in to taking a smaller settlement, but I don't think it is admissible given the issues.
You need to speak to an attorney. I handle these types of cases in Omaha. My direct dial is 402-321-0580. I would be happy to speak with you.
As far as "reporting" your work injury, if your work knows about it, then you are most likely just fine. As long as they have constructive notice, you have satisfied the requirements of Neb. Rev. Stat. 48-133.
As far as the drug test goes, you'll have to submit or you will probably be terminated.
I would agree that the doctor/staff behaved poorly and used poor judgment, but the question is one of damages. What temporary/permanent damages did you sustain? While I'm sure you experienced anxiety, frustration, fear, etc., (and those things are compensate under NE law) I don't see a significant medical malpractice case. The most you could sue for is the monetary damages for the negligent infliction of emotional distress, which won't be much in Douglas County.
I would file a complaint...
I think you need to find a workers' compensation attorney you can trust to take a look at the case and give you an evaluation. It will take some time to get the records and truly understand what's going on, but based on what you've said, you need some representation. It sounds like you've got some disability and need some treatment, and if the need for treatment is related to an injury you sustained while working, the workers' compensation carrier should pay for your medical and indemnity. . .
I'm a NE attorney and I agree with what the other attorneys said here. I think both NE attorneys are correct, and what Mike said was especially true. It is very difficult for an unrepresented worker to tell if he or she is getting a fair shake from the employer/carrier. Has your husband been paid mileage? Has his benefit rate been correctly calculated? Is he perhaps entitled to a loss of earnings because his disability has extended into the "whole body" or caused some other permanent...
If the child is living in NE now, there is a strong chance you will have to pursue a modification in NE under the UCCJEA. You would need to file a Complaint to modify the existing custody decree.
The Court will have to decide what is in the best interests of the child. There appear to be three logical choices: 1. Remain with mom, who might be going to prison for a long time. 2. Stay with grandparents. 3. Move to TN with you.
It sounds like there has been a temporary hearing, but I'm not...
You go to an attorney. Under IA workers' compensation law, your daughter is entitled to indemnity payments to replace her lost income, medical payments to bring her to maximum medical healing, and expenses such as mileage, etc.
The workers' compensation carrier, assuming there is one, should have already instituted payments within four days of the injury. If they didn't institute payments, they may be contesting their liability or trying to find a reason to deny the case.