Employer playing games

[ammowoman]

I guess when they laid off my husband they actually fired him. We knew he wouldn't be called back but them saying they fired him prevents them from paying unemployment. So now he won't receive any money. He only worked there about a month before the accident. He would of only been receiving $139 a week and they want to fight it. Geez I know he feels bad not bringing in any money. So far we've managed. I changed positions at work so I'll make about $1.50 more a hr. I refuse to let them intimidate him or us.

On a good note... His lawyer sent him to a dr for a evaluation. He spent about 2 1/2 hrs with him. He asked question and did a exam. He took measurements and made notes. I was concerned it would be one of these drs lawyers just use to benefit their own case. He was very professional.

The attorney told my husband he would have the report in a couple weeks and he would set the hearing date. He has the impression that he will settle soon. he's being told insurance and workmans comp want his file closed but I'm not holding my breath. He is a good attorney but I can't help but think he wants to settle the workmans comp so he can proceed with the third party case which he gets more from. In the beginning I was against the third party suit. This whole process has a way of changing you. Now I'm all for it.

[jayne]

just remember WC will have to be paid back all their monies first from the 3rd party before you see a dime but you are allowed pain and suffering from a 3rd part I believe where you are not on a WC.....who is the third party agaisnt?

[freebird]

What is the 3rd party lawsuit? IF it is against WC of your state, You will probably lose. WC in most states have a "umbrella" over them called "A EXCEPTION OF NO CAUSE OF ACTION" meaning WC can do what they want as long as it does not lead to death.

I was denied surgery for almost 3 years. WC whore Doctors denied my surgery 2 times and this was over a 7 month period. My doctor wanted to do Kyphoplasty surgery before the fractured Vertebrates healed. My Orthopedic surgeon turned in this request 1 month after the accident and was confident this would work for me. Any way I was denied; My vertebrates healed abnormally cause severe issues. 3 years later I had a T11 T12 Corpectomy, titanium cage, bolts, plates, screws, rib removed for a bone fusion etc. WC screwed my life forever.

We sued and was denied over what I stated above. We went to the state court where 3 judges dissented and wanted me to have my date in court but WC won. They did not cause me to die to make a long story short. NOW this is Louisiana, maybe different in your state.

Good Luck

[jayne]

they do not cause us to die,but to live in pain for the rest of our lives....I wish a month of it on them...maybe they would change their attitudes

[ammowoman]

The third party is against the companies insurance. Something about tort law. I don't know exact details other than the lawyer did the research and found out it is possible. Something about insurance covering supervisors or the heavy equipt operators who knocked the pallet over on him. I may of misunderstood the details but do know it would be a tort case. When we mentioned having to pay WC back from it he let him know only some would be but he would get the pain and suffering and willing to go to trial but most likely they would settle before that happened.