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Recent Accident at Work questions

I was injured in a car accident while working, just after I

I was injured in a car accident while working, just after I signed a paper stating my intent to go part time on April 23 due to changed staffing needs. This followed a extended leave for surgery, on FMLA covered by my short term disability. So, I have been off work since march 24 due to restrictions. Now, they can accommodate my restrictions and have work for me in the office. My question is this. If I return to work in the office, does this mean that the workers comp payments decrease to part time on April 23, or would that have happened anyway? I have not been able to find part time or full time work due to pain and time spent in therapy since the accident. Do they have to retain me as full time until I am discharged from WC care?

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John

Attorney

Doctoral Degree

9,512 satisfied customers
I was in a car accident during work, and suffered a

I was in a car accident during work, and suffered a concussion and tmi as a result but the workers comp doctor is saying that because I was in an accident when I was 4 yrs. the damage is from then.JA: What state is this in? And how old is the car?Customer: nys it was a rental car 2015JA: Has anything been filed or reported?Customer: I have a wc case but they haven't paid me since last aprilJA: Anything else you want the lawyer to know before I connect you?Customer: I am 51 yrs old and was employed with the state for 14 years as an auditor. In addition, I have 2 degrees BA & BS. Plus I graduated cum laude.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

118,016 satisfied customers
I had a mishap at work with a forklift. No damage to

I had a mishap at work with a forklift. No damage to anything. I was sent for a drug test and passed. Three weeks later I bumped a guardrail with a forklift, (again no damage) and they sent me for another test. Unfortunately I failed that one for THC. I was terminated. The problem is prior to them sending me for test there have been several accidents at work and no one else has been sent for testing. One accident involved a supervisor who caused several thousand dollars of damage to the lift. Since I have been terminated there have been several more incidents and no one has been sent for testing. There has been twice that a supervisor has filled out the paperwork for testing and the manager that was supposed to take the associate for testing refused to. He said he didn't want to bother with it. He actually tore up the documents and threw them away. This was relayed to me by the supervisor himself. I feel that I was singled out. Not sure where I stand as far as unfair practice, but I feel that I was made an example of.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MichiganJA: Is the employment agreement "at will," union, full time or part time?Customer: At willJA: Anything else you want the lawyer to know before I connect you?Customer: Well not sure if its true or not, but I was told that an associate who has been there for twenty years failed a test, but was not terminated.

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Ely

Counselor at Law

Juris Doctor

69,560 satisfied customers
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

118,016 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

9,512 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

118,016 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.

42,964 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

18,850 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
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