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Old 11-17-2009, 07:56 AM
 
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This has been going on for a long time where I live ( Minnesota)

I recall in the mid 80's getting construction bids for major work on my barn.
The old local contractor ( who I hired) stated to be sure I asked and got verification of workman's comp when comparing bids ( his company did carry workman's comp)

He stated many local companies were getting around workman's comp by claiming each worker was an indepedent contractor .

He stated if someone gets seriously injured, the scam will be exposed.
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Old 11-17-2009, 08:00 AM
 
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Quote:
Originally Posted by Nativechief View Post
Since when does an employer violating a federal law mean a rats ass? The 20 million illegals here are ALL working for employers who are breaking federal law are they not? Federal law.it means nothing..nothing at all....

YUP, and the contractor who hires legal workers and has workman's comp can't compete with the contractor who hires ILLEGALS and doesn;t carry workman's comp.

A shame what our country is becoming !
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Old 11-17-2009, 08:06 AM
 
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Originally Posted by hey teach View Post
Has anyone been forced into early retirement due to disability/

About 6 months ago my husband was injured in an on the job accident. The doctor has said it will be at least a year before he could return to work and probably not even then. Then we found that his employer does not have workmen's comp insurance. We have been since July without a pay check for him.

We have hired a lawyer, but it appears the only benefits we may recoup are medical expenses. My husband is only 56 years old and until this accident was in good health. We have almost exhausted our savings and our health insurance has begun to take back their medical disbursements in regard to this incident because of its status as "on the job accident", leaving us with huge hospital/physician bills.

Please share your experiences. Any information would be looked at favorably.
I really feel sorry for your situation.

However, I have a hard time believing----" Then we found out his employer does not have workmen's comp insurance "

I'm guessing your husband knew from day 1 there was no workmen's comp, but wasn't all that concerned until he was the one who got injured.
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Old 11-17-2009, 06:26 PM
 
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That is right that you need to seek a lawyer. One good thing is without workman's comp ;you can sue the company for any negligents on their part.with workmans comp it much harder to sue for anything other than what the wrokamns comp board give you in disability really.Of course the health insurnace is not responsible for injuires on the job and the company will not pay for worker negligents in a suit.long term its SS disability really.
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Old 11-17-2009, 07:02 PM
 
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Quote:
Originally Posted by marmac View Post
I really feel sorry for your situation.

However, I have a hard time believing----" Then we found out his employer does not have workmen's comp insurance "

I'm guessing your husband knew from day 1 there was no workmen's comp, but wasn't all that concerned until he was the one who got injured.

Actually, no he was not aware, neither were any of his other employees. When he was injured he reported the injury to the office manager as his employee handbook states he should do. She completed the accident report and told him to go see his doctor. Everything was completed and when the hospital filed with workers comp. the claim was rejected.

It was at this point we and everyone else found out that the employer had been cited by the state for noncompliance and that he (the employer) had received a final notice from the Board of Industrial Relations. The funniest part yet, is after my husbands accident the employer was cited and fined, forced to take out a wc policy and now he is telling everyone we got him busted and it cost him a lot of money. Frankly, he got himself busted.

I think he is a giant scumbag.
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Old 12-06-2009, 03:31 PM
 
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My husband was declined for disability benefits. We will start the appeals process. Opinions please: should we hire a lawyer?
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Old 12-06-2009, 08:35 PM
 
Location: Baltimore, MD
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It depends. What was the reason given for the denial?
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Old 12-07-2009, 09:11 AM
 
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A union is that case of workmans comp means liitle. But its likely that without workmans comp he can go to court to settel it where is won't be able to with it. If he has a good case he might actually be better offf in the end.Workmans comp in many case means that you endup with less and its determined by a board and appeal ids very difficult.
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Old 01-01-2010, 04:50 AM
 
Location: Hawaii
1,685 posts, read 3,758,426 times
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Many people will not hire a lawyer for this type of case, because they (the people) don't want to have to pay part of the retroactive pay, usually received post approval (SSDI), for services rendered. Something about what I'm reading from you does not appear to add up. What is the disability, how did it happen? What type of work and where was he working? How long did he work there and was there a union? Is he of sound mind? Why is he is still working there "Technically?" You stated the doctor said he was disabled and couldn't go back to work for a year, if not more. I'm not understanding. But since he's still working there he can be still be approved for SSDI if he makes <$980 a month. That's a roundabout $ figure, but it's close. It takes >5 months to get a response from SSDI. There are a great many of the claims that get turned back. Has your husband been paying into the monthly; medicare, medicaid, federal and state tax? How many employees are there? Since the boss had the dings against him before you husband's accident, If you pursue the workmans comp aspect; it should also be retroactive. The thing with the workman's comp, unless you are seriouly injured physically, you'll have a hard time getting anything from them. I'm talking about large scars, missing digits ect... Medical bills have to be directly related to the injury. It took me 2 years to finally get paid for a broken knee (which had a scar, x amount of $ for each inch). Eveything is capped (the$). If it's serious, don't full around and go on an online consultation with one of the SSDI lawyers. The consultation is free. My situation is similiar to your husbands. But, if all your after with the workman's comp is the medical bills paid, go for it, I don't know if you can do both. Get a lawyer. Make sure he knows what he's/she's doing. Dei gretia
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