Is there a law protecting vulnerable, 100% disabled due to work injury under WA L&I, that provides legal counsel for these people in Courts of law or on appeals @ the Board? The defendants are conducting hearings with the Board Judge knowingly using the disabled worker's disability to cause her further harm by refusing her due process in this matter. Isn't there a law against using someone's medical status to discriminate, and have hearings without their presence knowing their disability keeps them bed ridden and because they are unable to speak, the insured refuses to provide equipment to assist this disabled woman, what can be done to get her counsel? I've gone to the ADA for her and they don't take these types of cases.
Protests, Req. for reconsid. & Appeals. The lady is becoming paralyzed and the defendants who are supposed to be her insurance agency providing 100% civerage fir any and all work injurt needs won't provide her counsel, even though she can't speak, they are having these hearings without her.
There is no right to counsel on a L&I claim. You can find an attorney to handle the claim, but there is no right to an attorney. If you believe the conduct of the judge and the attorney are improper, you can report the attorney to the State Bar and the Judge to the state committee on judicial performance. However, you will probably not be successful.If you believe there is discrimination, you can look for an attorney who handles Disability cases, but this will be a difficult, if not impossible, case.Good luck.
If an Accident Insurance Policy states under the cover "any and all needs" caused directly by the work injury, or by third party, or may be causally associated to the work injury, are covered at 100%, wouldn't that include the cost for legal counsel?
Doesn't the abuse of Vulnerable Disabled Adults apply as well?
That does not cover the cost of an attorney. It covers the needs for ADLs, activities of daily living. As for the Vulnerable Disabled Adults, it does not apply to court hearings. You could ask Adult Protective Services to look at it, but they will generally not. It is a court proceeding and you would have to prove that the person is being discriminated against BECAUSE of their disability and that is going to be difficult, if not impossible.
Can you provide me the RCW, WAC, or other regulation, that would assist this woman in WA State? I find it impossible that there isn't one law that covers defending those disabled and unable to communicate when the direct result of her not being able to communicate was her on the job injury and the third party damages that were memorialized in Superior Court, that her worker's comp. continues to false report on as they know she's dying and can't fight back. Are there any exceptions to this rule?
The only thing you can do is have a conservator appointed or a court appointed guardian. But this is a civil matter and there is no right to an attorney.
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