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My husband was assulted on the job sept. 1 why are we not getting ttd or something to help support our family?

Chicago, IL |

Assulted by a coworker resulting in a traumatic brain injury , jaw fractures , burst ear drum ect.. coworker was arrested . there was a verbal dispute about a work issue. no witness just admission of hitting my husband with a board. we have an attorney but have lost everything . we have 3 small children and have not recieved one cent. Im not confident our attorney is doing much to help us.

Attorney Answers 6

Posted

If you lack confidence in your attorney, go get a second (r even a third) opinion, Find out if your present attorney is doing his/her job. If not, hire a new one. Best wishes to you and your family.

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3 lawyers agree

Posted

As you have a lawyer, I cannot communicate with you directly or offer any opinions

What I can say is I am deeply sorry for this to have happened to your husband. Horrible injuries plus a denial of compensation to make things worse

Workplace assaults are often contested, especially where the injuries and cost is potentially high, as here.

Your lawyer must file a 19(b) petition to convince the arbitrator that your husband's injury should be compensable.

I wish you luck.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email: stephen@hofflawyer.com
Website: www.hofflawyer.com
Blog: www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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Posted

You should make an appointment to see your Attorney, and submit your questions in advance so that he can have the answers ready for your meeting.

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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Posted

As your attorney should have explained, a work fight will ALWAYS be disputed because fights at work are NOT within the course and scope of the employment. The ONLY way for your husband to recover under WC is if he can prove that not only was he NOT the aggressor but he tried to walk away at every opportunity.

If your attorney believed there was a legitimate defense, he would have filed a 19(b)(1) in September. You need to be taking a far more aggressive approach. Has your investigator determined whether the aggressor had homeowner's insurance?

Your attorney needs to tell you what, if anything, you can do. You also need to file for STD and SSDI. Make sure your attorney knows what she is doing.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

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Posted

You may need to get your attorney to act more aggressively to pursue the case. But it may not be compensable anyway, and you would need to discuss that with your lawyer.

This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.

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Posted

The others have explained the law regarding assualts, i.e., your husband was not the aggessor and the fight was not purely person in nature. Your attonrey should request an arbitration hearing if the company is disputing the claim. In the meantime, i assume your husband is under medical care and cannot return to his former work. Definitely consult your attorney about filing for Social Security benefits but in the meantime, assuming its medically possible, have his doctor release him to light duty work so he can collect unemployment comp while you wait for WC decision, which unfortunately could be a ways off.

Best of luck to you both.

I am licensed to practice law only in Illinois. Any advice that I render is for general information purposes and does not create an attorney-client relationship. Also it is very important to keep in mind that all legal claims have statues of limitation to file that cannot be missed. A local attorney should be consulted to learn the time limits applicable to a particular claim.

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