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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 have no idea how this works in your case, I know each state is different here. It looks to me like Alabama waives the Workman's Comp when an employer "self insures", at least that is how it looks to me:
Thanks NewToCA for the link. This doesn't really apply to our situation as the employer did not have workman's comp in the first place (a violation of federal law). Because of his neglect there is no workers comp option available to us. Currently, wee are trying to get him on disability.
You could sue the employer, although I imagine you have more immediate concerns.
A difficult story. Thoughts are with you.
When I had my house built, my contractor had to show the bank proof of carrying workers' comp. Now and then, someone would stop in and work for a day or so to help, and I bet they weren't covered. I believe I could have been sued for this if anything happened to those guys, and certainly the contractor could have been.
Did your husband have any idea the employer was violating federal law, or doesn't that matter now?
We had no idea there was no workers comp until after he had had surgery. We have hired a lawyer, who has written the employer a letter explaining his obligation. The employer has hired a lawyer, but nothing has come about as of yet. In the mean time, we are stuck without my husband's income and all these hospital/doctor bills. My husband needed more phy therapy but was cut off because of the size of the bill and no possibility of payment. This may bankrupt us.
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've been there, if the employer is a "self insurer" then you have done the right thing getting a lawyer and suing them. Also apply for Social Security Disabilty. There has to be a State Insurance Commision of some kind that you can get to go after the Health Insurer. It's easy to get discouraged but once it starts to resolve it moves quickly. I might go further but it would equate to legal advice and that's what you have an attorney for.
Contact your state senator or state representative in Montgomery. Explain the situation to them and see what they can do to help you. They know the state and the resources that are out there and can cut through red tape to get them for you. You may be able to get on Medicaid.
Have you applied for unemployment? It won't be much, but it's better than nothing.
And start the process with Social Security Disability. It takes awhile. Even if it is approved, Medicare wouldn't start for two years.
Contact your state senator or state representative in Montgomery. Explain the situation to them and see what they can do to help you. They know the state and the resources that are out there and can cut through red tape to get them for you. You may be able to get on Medicaid.
Have you applied for unemployment? It won't be much, but it's better than nothing.
And start the process with Social Security Disability. It takes awhile. Even if it is approved, Medicare wouldn't start for two years.
He can't apply for unemployment because technically he is still employed. He can't quit and the employer will not fire him for fear of a more difficult lawsuit.We have started the process for Disability and he continues to be covered by BC/BS through my work for health issues other than the accident.
We have written to our state reps if for no other reason to object to the fact that there was no penalty or reprocussion to the employer for violating the law and not having coverage.
Employers who do not follow the law cost everyone money.
You could sue the employer, although I imagine you have more immediate concerns.
A difficult story. Thoughts are with you.
When I had my house built, my contractor had to show the bank proof of carrying workers' comp. Now and then, someone would stop in and work for a day or so to help, and I bet they weren't covered. I believe I could have been sued for this if anything happened to those guys, and certainly the contractor could have been.
Did your husband have any idea the employer was violating federal law, or doesn't that matter now?
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....
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