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My mother hurt her hand while working at CHUKCHANSI GOLD RESORT and CASINO and has permanent nerve damage

Hayward, CA |

She is part of the cleaning crew at the casino and she was cleaning the bathroom when the door shut on her fingers and broke them she was rushed to the hospital , was out of work for about a month . She went back to work 2 months after still not being able to use her hand . She was going to therapy and found out today that she has permanent nerve damage on her hand and wont be able to use it like befor . Due to the fact that she works for an indian casino would she be able to sue the PICAYUNE RANCHERIA OF CHUKCHANSI INDIANS .

she is still working there and would like to know if anything can be done her doctor told her to file a claim with the ensurance, but will she lose her job if she does?

Attorney Answers 6

Posted

Workers Compensation claims are frowned upon by employers due to the fact the more claims made the higher the premiums are but if she has a legitimate on the job injury which it sounds like she does she should report it.

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Posted

Your Mom should consult with and retain an experienced personal injury attorney.We are available and invite her to call us at 209-830-0400. She should have reported the injury to her immediate supervisor who should have provided her with a claim form as well as information on necessary medical and compensation for her wage loss during disability. The funds and procedures are regulated by the tribe code . Give us a call if you need furt assistance

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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Posted

This may be complicated by the fact the employer is a Indian Casino, they may be exempt from state and federal laws pertaining to employees. I have handled such cases and the tribe usually did offer some limited form of workers compensation benefits. I would ask around to see if there is a attorney who handles work comp cases for this casino.

Good luck.

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Posted

While worker's compensation laws and practices vary state to state, Indian land and employers are not necessarily under any state jurisdiction. Should one suffer a work-related (industrial) injury while employed on Indian lands and under such a jurisdiction, he or she should retain a worker's compensation attorney who has experience with Indian/Tribal laws, procedures, etc..

- Paul

Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com

"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

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** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

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Posted

She needs to hire a good workers compensation attorney ASAP.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.

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Posted

Best bet is to retain a local tribal law attorney to investigate.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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