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Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!!
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Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!!
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Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!!
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05-12-2012, 12:38 PM
(This post was last modified: 05-12-2012 12:39 PM by 1171.)
Post: #11
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RE: Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!!
FYI
if you file a case against the cleaning company, workers comp will be entitled to a 3rd party reimbursement for their comp costs out of any settlement. |
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05-12-2012, 07:29 PM
Post: #12
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RE: Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!!
But with you filing against the cleaning lady, you will be able to collect for pain and suffering as with wc you cant..
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05-12-2012, 08:07 PM
Post: #13
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RE: Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!!
@ 1171- really? I didn't know that cause it doesn't make any sense since it would have nothing to do with them paying me from my employer. This whole thing is a mess and I appreciate you sharing that info with me cause I had no idea.
& bronco- yes we will be suing for pain and suffering cause she was also at fault for not putting out the signs. |
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05-12-2012, 09:50 PM
Post: #14
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RE: Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!!
1171 is correct and it does make sence. Why should the IC not be able to recuope their monies spent if the injury was the result of a third party????
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom. |
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05-12-2012, 10:11 PM
Post: #15
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RE: Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!!
Idk I mean I guess I'm looking at it from a stand point I'm the victim and they wanna take more money from me? Doesn't make sense why they would get paid back if it was both faults. They should take the dispute up with eachother not take it from what I would get.
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05-13-2012, 12:07 AM
Post: #16
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RE: Advise for workers comp claim. Only 20yrs old w/ damage to disc in lower back!!
Legally it's not "both faults" as workers comp is no fault insurance; it is not subject to negligence laws.
the comp carrier/employer has subrogation rights whenever there is another negligent party--you would not be permitted to recover twice for the same injury. you may not like it but that is the reasoning. |
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