I recently started working for TAN-AIRE PUMPING,Portable toilets..in Lincoln Nebraska,I was hired with my California ID,,and it's my 3rd week so far and cliff (the boss) told my to go to the ER! And said to tell them it's not work related because ...
First question is: how did your injury happen? If it happened while you were at work, it is likely workers' compensation and "Cliff" will need to alert his workers' compensation carrier. Further, if the Work Comp Court or EEOC found out he threatened to fire an employee for filing a workers' compensation claim, he would likely have bigger problems on his hands. Employers are required to carry workers' compensation insurance to protect the injured workers. That's why he pays for it. You should be allowed to use it.
Second, the proper question isn't whether he can fire you. Any employer can fire any employee at any time for any reason. The proper question is whether his termination of you is actionable, ie gives rise to a different lawsuit that can provide you remedies. If the only reason he fires you is the fact that you filed a workers' compensation claim, then his actions give rise to a different lawsuit with different damages.
My advice is that you get to an ER and explain to them exactly what happened, when it happened, and how it happened. I would also explain why you didn't come in earlier, ie "Cliff" told you not to. You can't screw around with your health. If he fired you, a workers' compensation attorney can likely help you get temporary disability benefits and the Comp Court has a vocational system that will assist you in finding a new job.See question
My husband cut off the upper portion of his index finger on his dominate hand he had 2 surgeries to fix it and possible needs another they are closing out his case with a 6% Upper ext and 4% whole body without continued medical they are saying the...
There are a lot of issues going on here. If your husband amputated part of his finger, he is supposed to get 100% of that portion of his finger under 48-121. A lot of times, the insurance companies will incorrectly assess that. If his physician is saying he might need further surgery for this issue, then workers' compensation needs to pay for that, but in order to establish the necessary proof, the doctor has to say that it is more likely than not that he needs the future treatment within a reasonable degree of medical certainty. So, your insurance agent isn't wrong, but the agent probably doesn't know the necessary language to prove that he needs the medical.
You need to speak to an attorney. I'm happy to speak with you, but in Scottbluff, there are a whole bunch of excellent lawyers. Monte Neilan, Mike Javoronok, Jonas Longoria, and Mike Meister all come to mind. In order to get what you're entitled to, someone needs to whip the medical evidence into shape to prove to the company that he will need further surgery and what impairment he has.
In short, I think you've taken this as far as you can and you need the help of an attorney.See question
We have been in our granddaughter's life since she was born. They are not married. And she has been in our home 85% of the time from the mother and 100% of the time from the father. The the mother has lived in a different state while the child was...
Guardianship is one potential answer. Another potential answer is grandparent visitation or custody in loco parentis, "standing in the place of the parents." Depending on how the facts shake out and what judge you draw, you could potentially do a lot. A lot will depend on the age of the child, the issues going on with the parents, and other info I don't have, but it sounds like you'd have a decent shot at getting what you want.See question
About a week ago a vehicle rear ended me while I was waiting at a stop light. My car is totaled. They ruled it the other drivers fault. I felt fine after it. But a couple of hours later I had sharp pain in my back and neck set in. My right leg als...
I agree with Adam and Mike. Also, the ER xray won't tell you much. I would think you need to get an MRI or a CT. Each diagnostic tool will give you a different picture of what's going on. You could have a herniated disc, and that pain isn't going to go away on it's own. Mike's advice about using your health insurance is spot on. That way you can get treatment without waiting.See question
My brother-in-law came upon a head on collision that had just happened. He stopped to help and was assaulted by the man who caused the head on collision. Ended up having 6 stitches in lip, broken finger, broken glasses, bruised and off work for ...
He needs an attorney. He actually has two cases. The first case is for personal injury stemming from the result. The second is for a workers' compensation accident because it sounds like he was in the course of his employment when this happened.
Obviously, you'd like to focus your attention on the guy that causes the problem in the first case, but it's unlikely he has any assets and unlikely there's any insurance coverage.
I think he should check out the case against the guy that assaulted him and then proceed with a work comp claim. He needs to speak to an attorney before giving a statement. And, if he has permanent impairment or restrictions, he needs to be compensated accordingly.
I'm originally from Bertrand, so I know the area well. If he has a restriction that will prevent him from working, he absolutely needs a lawyer.See question
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