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+--- Forum: Injured Worker Forum (/forumdisplay.php?fid=4)
+--- Thread: Help! (/showthread.php?tid=5319)
Pages: 1 2
Help! - disneyland fans - 08-18-2008 02:27 PM
Hey everyone, we are new here and have some questions.
Let me start by explaining our situation. My husband was hurt on the job 8/09/08. He was moving a fridge out a customers garage when he lost his grip (due to dust on top of the fridge). The fridge fell back onto the dolly and started rolling away from him. At this point he had a hold of the dolly with his right arm and pulled back on the dolly as hard as he could to prevent the fridge from knocking over the customer who went behind the fridge to sweep. He went to the dr. and was told that he pulled the muscles in his right arm (but gave him no pain meds at all). He was put on light duty until the following Thursday. When he went back to the dr. to get released his bicep looked like it had fallen to the inside of his arm. He still had limited movement, and lots of pain. They are now saying that they think he tore his bicep muscle and are sending him to a specialist.
My questions are this at what point should we think about getting an attorney?
Also if he can't work, what will happen to our medical coverage for the family? We have a son who is Autistic, and we cannot let the insurance on him lapse at anytime or he will never be able to be insured again.
What are our rights?
Any advice you can give would be great!
RE: Help! - Bad Boy Bad Boy - 08-18-2008 02:41 PM
1. Is this a work related injury?
2. Had he filled out a first time accident report with the employer?
3. Is he being seen by a company doctor?
4. He should have 12 weeks of work protection under the Family Medical Leave Act.
5. If insurance becomes a problem, he will be offered to pay for a Corbra Insurance.
6. Had you yet signed your child up for State Medicaid yet? If not do so.
7. Do you have your child set up for Social Security benefits yet? if not do so.
8. We need to know the State this is taken place in...
RE: Help! - disneyland fans - 08-18-2008 02:50 PM
Bad Boy Bad Boy Wrote:1. Is this a work related injury?1. Yes it was work related.
2. Had he filled out a first time accident report with the employer?
3. Is he being seen by a company doctor?
4. He should have 12 weeks of work protection under the Family Medical Leave Act.
5. If insurance becomes a problem, he will be offered to pay for a Corbra Insurance.
6. Had you yet signed your child up for State Medicaid yet? If not do so.
7. Do you have your child set up for Social Security benefits yet? if not do so.
8. We need to know the State this is taken place in...
2. Yes he filled out the paperwork
3. Yes he went to the wc clinic
4. I am not sure what that is
5. How can he pay for Cobra if he is not working.
6 & 7. They say he does not qualify because he is too high functioning.
8. Nevada
Thank you.
RE: Help! - 1171 - 08-18-2008 03:12 PM
your husband would get an atty when there were legal issues that needed to be resolved.
medical coverage would probably terminate with his employment. If he's off work the Family & Medical Leave Act protects his job for up to 12 weeks at which time he would be offered COBRA.
he can find out more about FMLA
http://www.dol.gov/esa/whd/fmla/
worker rights for Nevada workers comp here
http://dirweb.state.nv.us/WCS/employee.htm
RE: Help! - Bad Boy Bad Boy - 08-18-2008 03:20 PM
We have at this board others with Autistic childern. Would you like to talk with them here. If so let me know...
RE: Help! - disneyland fans - 08-18-2008 03:36 PM
So who pays the medical premiums while he is on the FMLA?
RE: Help! - capricorn - 08-18-2008 04:07 PM
His employer.
CAP
RE: Help! - sparkey - 08-18-2008 04:36 PM
I worked in Surgical Services doing pre-testing before patients had surgery and I saw a few men come in with that bicep tear. You can actually see how the muscle is just hanging there. It must be very painful and hopefully he gets that taken care of right away. I wish you and him the best in a quick recovery. Everyone else on here gave you all the information you will need, and just remember to keep all records and document , document, document.
RE: Help! - 1171 - 08-18-2008 04:42 PM
I corrected my previous post as FMLA is 12 weeks not months.
RE: Help! - halftrak - 08-18-2008 04:42 PM
disneyland fans, I am one of the people that has a autistic child that bad boy was referring to, if you would like to pm me feel free to, would like to help you if I can, there are programs out there for your child.Hope everything works out for your husband, halftrak