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Recent Accident at Work questions

My brother was killed in an industrial forklift accident

My brother was killed in an industrial forklift accident while working for a Mega company in 1998, I have just found some overwhelming evidence that would support a wrongful death lawsuit. His daughter just turned 18..... Can she file a suit?JA: Can you tell me what state this is in? And do you have copies of the medical records?Customer: Yes I have copies, and the state is Va.JA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: I still work for the same company and have done a tremendous amount of inside investigations.... I really want my niece to pursue, but don't know how

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,700 satisfied customers
I'm closing my S-Corp some time in the next few months due

I'm closing my S-Corp some time in the next few months due to a couple major setbacks that happened of the last year.1) lawsuit causing us insolvency2) I have sustained an back injury in a car accident not work related that won't allow me to do the physical part of my job.Would I possibly qualify for disability through social security since I can. I longer do my past job and I will be unemployed soon?1) yes I was paid as an employee of the company, and everything was above board with state and local filings as well as insurance.2) I'm in the state of TN3) yes my 3 employees will be filing for unemployment due to layoff.

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John

Attorney

Doctoral Degree

7,978 satisfied customers
An employee got in a car accident while working for us(his

An employee got in a car accident while working for us(his fault) . I would assume that claims would go under workers Comp? Correct?The employee is still off work and I do not think he will return. We have provided health coverage at our expense for last 3 months. Can we terminate his health insurance and let him enroll in COBRA ?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,700 satisfied customers
Workers comp questions: I was involved in a car accident

workers comp questions: I was involved in a car accident during working hours, going from client to client. my employers insurance comp, from where can they get records or information from? there was no police report. Thanks!

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Infolawyer

Attorney

Juris Doctor.

39,114 satisfied customers
I had a serious accident at work that required immediate

I had a serious accident at work that required immediate surgery which was covered by worker's comp. The orthopedist on call performed a surgery to repair my shattered elbow. Three months later, he determined that the surgery was not successful and performed a second reconstruction. Two months later he stated, "this is over my head, you need a specialist," and referred me to another doctor. By the time I was able to be seen by a specialist who could actually help, my FMLA had expired and I lost my job. The third surgery has been successful but has required another 4 months of rehab. Do I have any grounds for suing the first doctor for not recognizing his limits and making a proper referral in the first place (or second place)?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,346 satisfied customers
My employer has forced me off on disability because of 10lb

My employer has forced me off on disability because of 10lb lifting restriction my doctor set for me due to pregnancy but has made light duty work available to a male co worker who has no ability to use one hand after breaking it in an accident at work. Further more when my supervisor originally learn of my pregnancy moved me from my normal work duties to a new area where the lifting is twice as much and more frequent. Then told me if I can't do my job I can't work here when I asked to be moved back. Told me they do not make accommodations and that I need to get a doctor to wrote me work restrictions. So after making the appointment, getting the restriction of 10 lbs., they told me I would have to go on disability. When told to report to the company nurse the day I return to work with my restrictions, my supervisor was already there laughing in my face telling me "funny seeing you here"....what are my options? Single mother of three and pregnant

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

46,550 satisfied customers
Is it legal Maryland employer to change an employees

Is it legal for a Maryland employer to change an employees seniority date for benefits for both an medical leave due to an injury that occurs on the job and for a medical injury that occurs out side of the workplace?

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Samuel II

Attorney

Doctoral Degree

31,958 satisfied customers
I had an accident at work on May 13th. I have been out of work

I had an accident at work on May 13th. I have been out of work since then. On crutches for a month. Now on one crutch and doing physical therapy.Before the accident, I made about an average of $950 a week. When I got my first worker's comp check, it was for $320...for 2 weeks. That is $160 a week. I cannot live on that and I do not see how this is possible. Any insight??

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

46,550 satisfied customers
I lost my job on November 7, 2014, and I feel the incident

I lost my job on November 7, 2014, and I feel the incident that led to this was in retaliation against me for filing complaints against my manager, to the companies ethics hotline. On this day the corporate office received a phone call from someone stating they suspected me of using drugs, and also that I had made false accusation against my manager. Based on this call the corporate office felt they needed to send a manager from another location, and immediately take me to a facility to be drug tested. There was no procedure, no documentation to my knowledge: I had never had a verbal warning, write-up, incident/accident at work to make anyone suspect me of using drugs, or being under the influence of anything while at work. I was in shock, and very caught off guard when this manager showed up, and told me I was suspected of using drugs. I didn't understand how this manger could just take me to be drug tested with no evidence to my knowledge supporting the accusation that was made by this caller. I felt cornered and did not want to go anywhere with this person, so I clocked-out and immediately left the location. When I left I called the corporate office to try and get a better understanding of everything that had just taken place, and was told I had to speak the the VP of HR about the incident. This person was not available, and did not get back to me until Wednesday of the following week. In an email conversation I had with the VP of HR they stated that the company felt that they had reasonable suspicion, and that asking me to be drug tested was justified, and by me leaving the location on November 7th, I was refusing to take the drug test, and therefore my employment had been separated.Do you feel I have a case for wrongful termination or retaliation, or anything at all? I filed a charge with the equal employment commission, and they are investigating my charge.Thank you for the insight,Kerstin

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,346 satisfied customers
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