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Lawmoe
Lawmoe, Employment Lawyer
Category: Employment Law
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Experience:  More than 19 years of experience in employment law.
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I got a concusion at work. riding a bike. they gave a test

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I got a concusion at work. riding a bike. they gave a test called an mmpi which the test said , I was operateting on a 4th grade level. I was not wearing no bike helmet. Ironically when security and the fire dept. are all required to wear a helmet. My boss promosed me a truck, Immediately. I HAVE MORE TO TELL YOU. it TOOK SO LOng, I was afraid be so long to tell whole story. Jeff Basher

If it was a work injury, it is covered by workman's compensation for lost wages. That is the only remedy.

 

Do you have additional concerns?

Customer: replied 7 years ago.
yes, But I what they told me, is I will have, more than likely, long term memory issues. And that I should just get over it. And buy stock in post notes. Does this sound right? I am not looking for money, just help with my memory issues. Thanks, XXXXX XXXXX P.S. Boeing requires everyone to wear P.P.E. and penalty is a written reprimand, possibly Termination. Thanks, XXXXX XXXXX
Workman's compensation also compensates for long term disability and losses. It is part of worker's compensation insurance. You must continue to treat for existing problems to show a correlation of cause and effect. That is critical
Customer: replied 7 years ago.
So what you are saying is they and their self insurer are basically off the hook? The Drs. you see are basically employed by my employer, who has a vested interest in minimizing my claim. Because, if he finds for me, he is biting the hand that feeds him. Does that soung familiar? Jeff Basher

That is the purpose of workers compensation, for better or for worse.

 

First, it is to guarantee that a worker injured or made sick on the job will receive full medical, surgical and hospital treatments at no cost to him or her, as well as get recurring periodic payments to replace lost wages, or permanent disability benefits should he be unable to return to work.

 

Second, employers are mandated by law to purchase workers' compensation insurance or provide self-insurance. It is mandated so that the workers' injury is covered, and to bar the employee from suing the employer for on the job injuries.

 

The exception is in cases were the injury was intentionally caused by the employer.

 

Customer: replied 7 years ago.
My employer, expects you to use personal protective equiptment. I am required to use safety shoes, safety glasses, but not bike helmets. Washington State law requires the use of bike helmets. Is it o.k. for my employer to ignore a state law? They say they can because it happened on private property.

Thank you for your response.

 

First, Washington has no state law that requires bike helmets. I confirmed this on the Washington State Department of Transportation web site. However, some cities and counties do have helmet laws. Most of those laws require helmets on public paths only. As a result, there is nothing that would compel your employer to require helmets, although it would be a wise thing to do.

 

I am afraid that the injury, is still covered by Worker's Compensation. That is the only recovery.

 

If you believe safety laws were broken, you can report it to OSHA or the Department of Labor in your State. It is unlikely to change your situation, but the company's policies may be required to change.

 

I am truly sorry for your troubles.

 

Customer: replied 7 years ago.
Hello, Why would they give me a M.M.P.I. test two months after my concussion, but now refuse to to retest me 1 year later to see if there has been any improvement.

I am afraid that is a medical question. I imagine an MMPI would not be necessary unless there was significant indicia of ongoing issues, but that is a separate question.

 

I would appreciate it if you would click ACCEPT for the answers provided.

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