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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19179
Experience:  Employment/Labor Law Litigation
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My daughter is receiving workers comp . Her HR Specialist

Customer Question

My daughter is receiving workers comp .
Her HR Specialist who must sign off on her worker's comp paper work before being sent forward for payment.
She has received a 'no pay due' very recently due to the issue explained above.
This issue has and will cause her much hardship. She has the standard obligations of a single home income .
The agency is a fault but no one in the agency has done anything to rifht the wrong.
They said thereis nothing that can be done. In other words, deal with it.
What, if anything can done to assist hget paid soon, than later?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 years ago.
Hello, my name is ***** ***** I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.
Unfortunately, very little. When you are talking about WC, it is just an insurance policy. If they choose to pay out quickly, then it happens quickly and the matter is resolved.
If not though, you have to go through the arduous process of suing in WC court. The only way to speed things up here at all is to hire a local WC attorney to move the process more quickly towards the courtroom process.
Sometimes the threat of a lawyer becoming involved is enough to make them move, but if not, she'll have to go through that process with the attorney to get anything done.
Customer: replied 2 years ago.
Thank you.I don't under however . The HR Specialist is a Federal employee, who did not do his job, not WC and my daughter will suffer a possibility of eviction is a BIG problem.
Expert:  Allen M., Esq. replied 2 years ago.
Well, HR isn't what people believe it is.
People are lead to believe that HR is federally required to protect employees. That is actually not true. HR specialists are in place to protect employers, even the federal HR types. They are not truly independent and their job isn't actually to make sure your daughter gets paid by WC.
While you can certainly argue that the employer here didn't act in good faith and hindered the processing of the WC, that is a matter for a WC attorney to handle.
I certainly am not suggesting that your daughter's situation is not a big deal. It is, but her currently personal situation doesn't invoke any different sort of law here. It's the same law and handled in the same way.
If she were evicted based on the employer's inaction and hindrance, that would increase her claim of damages against the employer and with WC (as loss).
Customer: replied 2 years ago.
Again, thank you.I respect your years of experience and your answer.I do neg to differ. The HR Specialist job as Liaison to DOL. His job is to process all paper work timely and fully. A federal employee should not suffer do to neglect
of an Specialist , no matter who they are charged to protect.Thank you for your time, Mr Allen.
Expert:  Allen M., Esq. replied 2 years ago.
They are a liaison, not an employee of the DOL. There is a legally significant difference.
I understand your point here, but I also hold to what I'm trying to impart. Nothing about my response suggested that a federal employee should suffer based on the inaction of an HR specialist. In fact, I stated that inaction is a matter that adds to your daughter's damages here.
I have simply stated that nothing about that inaction by the HR specialist changes her way forward. Her way forward is still as I have answered before.
I feel that we are cross talking here though. We are not actually in disagreement.
If you have further questions, please let me know. If not, please rate my service.