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.
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
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.
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.
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.
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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.
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.