Currently on lignt duty at work. I have been on workmans comp for over 2 months. I have recently started working with restrictions. Staff members are making fun of me and talking behind my back. Ihave been made to do things that are beyond my redt...
In order to retain your temporary benefits, ie the money they pay you because you are unable to do light duty, you need to prove that you are actually unable to do the light duty. If they are requiring that you perform beyond your restrictions, then I suggest you bring it up with a more senior HR person or the adjuster. Forcing you to work beyond your restrictions will likely slow your recovery or cause further injury.
The problem here is that if you voluntarily quit, they will likely not pay you temporary disability benefits. They will likely argue that you abandoned an available job.
I would bring it up with HR or the adjuster first. If you have no positive change, you can quit, but understand that you will likely be without income until you can find another job.See question
I broke my hand 9/21 at work reported it immediately, had surgery the following Monday and am now seeking loss of wages compensation. I told my boss I can return this coming Monday and was informed that I am now laid off and need to file for unemp...
You absolutely need to speak to an attorney. There are several red flags here.
Under Neb Rev Stat 48-121, the measure of your temporary damages is the loss of access you have to the labor market. With one hand, you will have a difficult time finding a job, regardless of whether you were "laid off" or otherwise terminated, and you need to be compensated fairly. Your employer is likely going to tell you that you need to go find another job in order to avoid paying you what they owe or take unemployment. If you file for unemployment, part of the application is a statement that you are presently able to work but not currently employed. If you agree and make the statement that you are presently able to work, you damage your claim for temporary disability. I would not file for unemployment if I were you.
The fact that your employer hasn't reported the injury to their carrier is actually a crime. They are obligated to report all recordable injuries within 10 days. Failure to do so is a class 3 misdemeanor. They aren't going to pay for everything they need to pay for if they have to pay it directly out of pocket.
Finally, your medical bills should be paid by the carrier. They get a better rate on the bills than you do.
You need to speak to an attorney right away. The sooner you speak to a lawyer, the sooner you can force them to turn this over to their carrier and get paid what you are owed.See question
my husband was diagnosed in april with renal cell carcinoma, We took him to the mayo clinic in Rochester Mn He has had surgery and they removed a six pound tumor. The cancer has currently spread to his lungs and liver. He was given six months to ...
I'm terribly sorry to hear about this issue. We can't pretend to know what you're going through, but hopefully these answers help.
I agree with the prior opinions. You need a lawyer to represent your interests.
The first thing the lawyer can do is investigate the case, i.e. What material/substance was he exposed to and does his treating doctor think it caused his condition.
Once that information is known, the lawyer can advise you what to do next. This could be a mesothelioma case, a workers' compensation case, or something different.
Please feel free to call with questions.See question
I have been trying to work with my workman's comp insurance out of Iowa in regards to a medical bill that was not paid over the last 1.5 years. In addition they have cancelled my medical claim due to not getting a report from the doctor. I was no...
I agree with David. Their "cancellation" of your claim means nothing more than they don't think they need to pay you any more money. From the sound of it, one of your physicians isn't giving them a report they need in order to authorize more medical.
Your recourse is having an attorney review your case and advocate for your with the insurance company first, then with the court if necessary.
I think you need to speak to a workers' compensation lawyer sooner rather than later.See question
Insurance company is fighting claim against my child (17 years old) who was the victim of car accident. Other driver was issued/plead guilty to 2 citations. My daughter did not. He turned in front of my daughter who was going straight causing her...
I agree with Dan. Discuss it with your lawyer. Get your questions answered. That is what the attorney is for. But be patient. These things are a process.See question
I work as a corrections officer in Omaha, Nebraska. I was injured at work in July of last year dealing with a combative inmate. My work has taken 24 hours of my sick time instead of paying me injured on duty (IOD) pay. They are refusing to accept ...
This isn't an uncommon problem. We represent firefighters, etc., subject to IOD rules. They can force you to take sick pay in the event they have a potential defense to your claim. You need to speak to an attorney to determine what, if any, issue there is and to make sure you get treated fairly through the process. Please let us know if we can be of any additional help.See question
I am going through a divorce. I purchased a home 2 years before we were married and the home is in my name. We have been married for 4 years. The mortgage payments have all been made through my own personal account. My husband has not contributed ...
The short answer is. . . . Maybe.
The goal of splitting marital assets is an "equitable division" of those assets. There are very few hard and fast rules. If you present the facts to a judge, ie it was your house before, you paid for it during the marriage, and it will remain your house afterward, you've got a good chance of coming out on top on that issue. However, if he presents evidence that the house was paid out of your account for convenience, while he paid for other things (car payments, utilities, groceries, etc) and you both made equal contributions to the household expenses, you'll likely have to allow him some equity.
That said, even on his best day, he's only entitled to 50% of the EQUITY gained in the house. So, assuming your payment over the four years of marriage averaged 80% interest and 20% equity, you're really not fighting over much at all. It might not be that way, but in most of my cases, the equity in the house is not too much because the majority of the payments are interest.
Let me know if you have any other questions.See question
I have been on worker's compensation since may of 2014. In that time I have had 5 knee surgeries, so I really haven't been able to care for my child while my wife works. I went to file our taxes, but I technically didn't have any income s...
I can't answer your question. There are different systems in play here, ie the workers' compensation system and the IRS system. Each has their own definition of "disabled."
I would encourage you to call a tax accountant. We have several that we work with that are very good if you need a referral.See question
On October 12th 2015 my wife and 4 other teachers where traveling home from a conference and were traveling along the highway. There was a field fire along side the roadway and the road wasn't closed. She slowed down to drive through excessive smo...
I assume this happened in NE and would be covered by NE law. I'm a NE lawyer.
There's a lot going on here. First, any injuries to the passengers should be workers' compensation claims against the employer before they are claims against your insurance. The passengers will likely still have a claim against your insurance but that doesn't necessarily mean that claim will be successful.
On the insurance issue, you need to first look at your policy or contact an attorney to look at it with you. Likely, the decision to accept or defend will be with the insurer, which means they decide whether to just pay it or argue about it. But that might not be the case.
I've dealt with these situations before and I think the best thing to do is shift the liability to the employer in order to limit your exposure.See question
Got hurt, lost job, had to file for insurance because of the law, was in Iowa, had Coventry health, income went down, and somehow I got assigned to a medicade card?? As we are paying a monthly premium, I just found this out when there was no co p...
There are two support systems for people with little or no income. The state system is Medicaid. The federal system is Medicare.
It is crucial to know if you are on both because generally, under the workers' compensation law, these secondary payors need to get paid back if there is a settlement or verdict.
Medicaid usually gets paid back under a state statute.
Medicare is trickier. If certain conditions are met and the case is settled, then we have to do an analysis on how much Medicare will likely pay because of the work injury in the future. Sometimes it isn't much. Sometimes it is a huge amount. The employer has to put up that amount if they want to settle the case. That is why it is so important.
I wouldn't worry too much about the timing. There have been instances where the existence of a Medicare or Medicaid interest hasn't been discovered until after the settlement and it all gets worked out. It is probably not an insurmountable problem.
I will tell you that if the employer has an attorney, then you should have one too. And if you have one, he or she will almost certainly know the answer to this question as well as the details of your case and how it will apply.
Good luck.See question