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Started By
Message
re: Would you get a lawyer (workplace injury)?
Posted on 5/26/23 at 9:55 am to NATidefan
Posted on 5/26/23 at 9:55 am to NATidefan
Should have done that immediately. I assume this was in Alabama, so I do not know their timeline on when tort cases can be filed, but you need to contact an attorney immediately to see if you can still file suit for the original injury.
While this would normally be covered under worker's comp, the fact that the other employee intentionally splashed her with water may take it out of that realm. If so, you could have a tort claim against the employer for the full damages, including pain and suffering etc.
In any event, you should have a claim against the employer for failing to pay the medical bills as agreed. In Louisiana that would be a breach of contract claim so the time limits are much longer.
Bottom line, go see an attorney NOW!
While this would normally be covered under worker's comp, the fact that the other employee intentionally splashed her with water may take it out of that realm. If so, you could have a tort claim against the employer for the full damages, including pain and suffering etc.
In any event, you should have a claim against the employer for failing to pay the medical bills as agreed. In Louisiana that would be a breach of contract claim so the time limits are much longer.
Bottom line, go see an attorney NOW!
0
Posted on 5/26/23 at 10:47 am to NATidefan
So this is Worker’s Comp. Did she notify her boss at the time
Posted on 5/26/23 at 11:08 am to NATidefan
Several questions arise.
Did she report the accident immediately and did the employer refer her to the hospital and did anyone verify it was work related when she checked in at the hospital?
Or did you provide the hospital with your family's health insurance provider at check -in? They would only care about verifying that some insurer would pay the charges.
It is doubtful that a hospital charge would only be $200 so likely some provider paid something to the hospital. You can call and ask the billing office to confirm.
Are you sure the withheld tax refund is due to this bill and not some other charge?
Was your daughter injured due to "horseplay" with another worker which might be basis for denial of the claim?
The statute of limitations might be triggered by the date of any payment toward the medical bill and not by the date of injury. So if as expected the hospital received payment from some source the statute may not have tolled.
Does your daughter have any scarring from her burns? If so she may be entitled to compensation for this.
Did she report the accident immediately and did the employer refer her to the hospital and did anyone verify it was work related when she checked in at the hospital?
Or did you provide the hospital with your family's health insurance provider at check -in? They would only care about verifying that some insurer would pay the charges.
It is doubtful that a hospital charge would only be $200 so likely some provider paid something to the hospital. You can call and ask the billing office to confirm.
Are you sure the withheld tax refund is due to this bill and not some other charge?
Was your daughter injured due to "horseplay" with another worker which might be basis for denial of the claim?
The statute of limitations might be triggered by the date of any payment toward the medical bill and not by the date of injury. So if as expected the hospital received payment from some source the statute may not have tolled.
Does your daughter have any scarring from her burns? If so she may be entitled to compensation for this.
Posted on 5/26/23 at 11:53 am to NATidefan
Do it today
Posted on 5/26/23 at 12:00 pm to tigersbb
quote:
Was your daughter injured due to "horseplay" with another worker which might be basis for denial of the claim?
Or gets it out of comp.
Permanent scarring to the legs?
Call a comp lawyer.
Posted on 5/26/23 at 12:03 pm to NATidefan
quote:
When it finally does its about 200 less than expected... due to money withheld for a unpaid medical bill
So you want to spend more on a lawyer than what the unpaid medical bill is costing?
Or is this more about holding the place of her employment to their word?
The manager probably isn't doing shite. I'd threatened with a lawyer first. Do you have any lawyer friends who can send the manager a letter? If so, this is the way to go. Its actually pretty funny how quick something will get done with a letter from a lawyer. It would be cheaper for them to pay the money than to get into some legit situation.
Posted on 5/26/23 at 12:07 pm to Bazzatcha
quote:
too late, statues of limitations is one year. Also, you want to lawyer up over 200 bucks? This has to be a troll... roll tide!
You have to be very careful with that statement because it isn't true for LA or AL (most likely states for OP to be in given his screenname and this site).
In LA if there were any medical payments made the SOL changes.
The OP has to do a little work. I would first get in touch with the company's comp carrier and determine if this is just a missed bill because at only $200 it is likely there are either more outstanding bills or they actually paid some.
My advice is at least consult an attorney immediately because given the 5/21 accident date there very well may be some very critical statute of limitations issue depending on the state the accident occurred in.
I get that it is "only" $200 but it should be paid and there may be other bills lurking around unpaid for.
Posted on 5/26/23 at 12:16 pm to NATidefan
quote:
So of course they agreed to that and paid all the medication/treatment stuff and had us send them the emergency room bill.
this is why I laugh at the people who hate on lawyers thinking the company is going to be loyal to you. Oh I don’t want to make a claim, I’m not that kind of person What state did this happen in? If Louisiana you may be fricked on prescription. This is not legal advice and you should seek an attorney immediately
This post was edited on 5/26/23 at 12:18 pm
Posted on 5/26/23 at 12:16 pm to OweO
quote:
So you want to spend more on a lawyer than what the unpaid medical bill is costing?
PI lawyers don’t charge hourly numbnuts
Posted on 5/26/23 at 12:20 pm to Proximo
quote:
PI lawyers don’t charge hourly numbnuts
What PI lawyer is going to take on a WC claim when the specials are only $200 and work on contingency?
Posted on 5/26/23 at 12:22 pm to BigBinBR
Specials is a method of valuing tort claims, not comp claims. Scarring would be the recovery here
Posted on 5/26/23 at 1:29 pm to Obtuse1
quote:
In LA if there were any medical payments made the SOL changes.
The OP has to do a little work. I would first get in touch with the company's comp carrier and determine if this is just a missed bill because at only $200 it is likely there are either more outstanding bills or they actually paid some.
I would bet if the parents took the girl to the hospital they wee asked for insurance coverage and they provided their personal health carrier. The $200 is likely their co-pay.
For all they know the manager may have reported the accident but since the hospital bill was already paid less the $200 they never billed the employer. This kind of thing happens routinely. So many people love to create a nefarious narrative when this may all be a nothing burger. Its doubtful the hospital only charged $200 to teat this injury. They may have been paid according to a fee schedule . Even if the balance is co-pay they should have been sending collection notices to the father.
Seems an easy fix to start with the current store manager and proceed to corporate if necessary to get it resolved withoutit being a bigger issue.
Posted on 5/26/23 at 2:04 pm to Proximo
quote:
Specials is a method of valuing tort claims, not comp claims. Scarring would be the recovery here
Correct. My response was an amalgamation of different answers and does read weird.
A PI attorney is not a Workers’ Comp attorney and should not take Workers’ Comp claims.
PI attorneys will also not take an injury case on contingency if the specials are only $200. There is no money in it for the settlement mills and reputable PI firms will decline because they: a. don’t typically work on contingency, b. their hourly rate would likely exceed any recovery.
Posted on 5/26/23 at 2:30 pm to NATidefan
File a workers comp claim.
A lawyer can tell you the companies insurance company info.
Then call them and tell them you would like to file a claim.
A lawyer can tell you the companies insurance company info.
Then call them and tell them you would like to file a claim.
Posted on 5/26/23 at 2:33 pm to johnnyrocket
The old shotgun approach is the best approach = sue everybody and everything.
Posted on 5/26/23 at 2:38 pm to Jake88
quote:
Look at this shyster's strawman.
Posted on 5/26/23 at 2:42 pm to NATidefan
that should have fricked your credit up, how did you not see that happen?
Posted on 5/26/23 at 2:43 pm to NATidefan
Umm, you really have to ask? Hell yes! You should've gotten one back then. Good luck & hope your daughter is OK.
Posted on 5/26/23 at 3:26 pm to NATidefan
Send them a demand letter via certified mail with return receipt. That alone will probably escalate the process.
Posted on 5/26/23 at 3:30 pm to AlumneyeJ93
quote:
If you have a friend or relative that is an attorney, have them write a letter with their letterhead. It may be enough to scare them into doing something
Do this. You’ll very likely end up with more than $200.
But, if all you’re seeking is $200, just stop. Not worth the effort.
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