My husband works for a state mental health facility where he was attacked by a patient. He had to have reconstructive facial surgery. He has been receiving 2/3 of his salary from Workers Compensation. Our attorney has informed us this is all he is entitled to. Our attorney was paid from my husband's workers compensation which is 2/3 of his salary. We have not been reimbursed for our travel to and from various doctors' offices or pain and suffering. What can we do about this situation because I am confused when it comes to these types of cases. Is this legal?
Workers' Compensation Lawyer
An injured worker is entitled to mileage or reimbursement for travel cost. The Board has a form but you may also submit your expenses with our it. The best way to do this is to send an itemized list to the carrier, in this case I suspect SIF on a periodic basis say every two months. If not paid in a reasonable time your attorney may need to as for a hearing. You are not paid however to go to the Pharamacy
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Criminal Defense Attorney
He gets reimbursed for travel but he does not get pain and suffering.
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Workers' Compensation Lawyer
I gather from your question that you have some mistrust for the attorney hired to represent your husband. In this situation you must have full confidence in your attorney that he has your husband's best interest at heart. Generally, the worker's compensation laws in this nation were a compromise between labor and industry as to workplace injuries. One of the concessions from Labor was to give up the right to pain and suffering in exchange for the ability to receive medical treatment and a portion of lost wages without having to prove Employer negligence. This is why you cannot get pain and suffering. Generally travel for medical related appointments are reimbursed under worker's compensation. Meet with your attorney and make sure you understand his advice, which appears to be very sound.
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