Navigation
Home
Books
Discussion Forums
Articles
Useful Sites
Vault
Press Releases
RSS News Feed
Corporate Sponsors
FAQ
About Us
Contact
Privacy
Key Books
What Your Boss Doesn't Tell You Until It's Too Late: How to Correct Behavior That Is Holding You Back
Throwing the Elephant: Zen and the Art of Managing Up
Managing Up : How to Forge an Effective Relationship With Those Above You
|
[Back to message list]
[Reply to this topic]
[Start a new topic]
My Cousins Hand
Posted by: AirForceDave
Date: 12/30/2007 1:25:20 PM
2 years ago, my cousin was working for an industrial factory in the state of Washington. He was dis-assembling a machine when the machine broke and hit his hand causing severe nerve damage. So severe that he has lost most if not all control and feeling in the hand itself. There is currently talk of having to amputate the hand. Having gone through LNI (Labor and Industries; Washington States version of workers compensation), he has been told that he can not sue either the employer or LNI. Does anyone know if this is true. He has a wife and daughter and is having a hard time taking care of them due to this issue.
| Reply from: |
goodboss |
| Date: |
1/1/2008 12:15:00 PM |
| Reply: |
He cannot sue. Injured workers can EITHER sue OR take workers' comp. Some states don't allow the option - in those states, workers' comp is there to replace the ability to sue. In other states, injured workers are provided a choice (i.e., workers' comp or sue) at the beginning of their workers' comp claims. I don't know which category Washington state falls into, but at this point it's moot - either way, your cousin cannot sue. (And anyway, your cousin may not want to go this route, given that in order to win the lawsuit, he'll have to prove that what happened resulted from deliberate negligence on his employer's part and wasn't simply an accident + it'll take years and years to get to a "win" during which time he'll have no income or medical benefits whatsoever.) However, given your cousin's condition and impending amputation, he IS entitled to lots and lots of future workers' comp benefits. If the insurance carrier is trying to withhold these benefits, your cousin should see an attorney who specializes in workers' comp law - while the attorney won't be able to help your cousin sue the original employer, he/she CAN help your cousin get those workers' comp benefits that he's due. Finally, please note that the other posters here aren't especially well-versed in employment law. If you want additional legal advice on this subject, I recommend you try a different site. www.freeadvice.com is a good one. |
|
To reply to this topic or add a comment, just complete our
20-second registration process which is free
and confidential. If you have already registered, you need to log in.
[top]
|
Login
Registration is confidential, free, and has a
number of benefits.
Search
Popular Items
Corporate Sponsors
Badbossology.com is completely free for both individual and corporate use.
Corporate sponsorship opportunities are available.
|
