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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19181
Experience:  Employment/Labor Law Litigation
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My Husband hurt s shoulder at work on April 1,2015 they sent

Customer Question

My Husband hurt his shoulder at work on April 1,2015 they sent him to a med check. Med check put him in a slang & was told to come back in a week. Sent for MRI on April 26th & then was
sent for therapy over May 12,2015.& to an orthopedic surgeon, June 3,2015. Was told he had a tear in Rotator cuff & to stop therapy & that he had permanent damage. Not to lift over 50lbs. He never missed any work or refused any work.
Was sent to another orthopedic surgeon for second opinion on August 28, 2015
He said permanent damage and no lifting over 10lbs.
My husband was approved for a vacation the week of September 4 to September 13, 2015. When he returned to work on September 14,2015 he was sent to the office an was told he could no longer work there because he was to much of risk of getting hurt again. Told he could call workmans comp at 9am and they would pay him weekly & they would pay our insurance. Also said to apply for family medical leave & use up the rest of his vacation.
When he called workmans comp they said they didn't have to pay him anything because of law in Indiana.
My husband is 65 years old and is eligible for social secruity be he healthy, he had planned on working 5 more years.
Also workmans comp sent him a letter of sediment letter for him to fill out & send it back for 3% at at a total of $4551.00.
Can you advise?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Unfortunately, worker's compensation insurance companies are just like other insurance companies. They seek to pay the smallest amount possible in order to avoid paying any money at all.

When they choose to take a hard line and not do what they should, your only option is to hire a local attorney and sue them in the WC court for disability. Do not accept anything they offer and don't sign anything.

Regrettably, with the employer, they can allege that he is too disabled to do the job and not keep him. While the ADA requires that an employer accommodate a disability, they only have to do so within the job the person had. If lifting 50 lbs was part of his job, they can try to claim that he is no longer able to perform the function of his job. If he was able to do so and they are just regarding him as disabled, he'll have to file an Equal Employment Opportunity Commission complaint against the employer for disability discrimination. The issue will come down to whether or not he was able to perform all necessary functions of his job.

But he definitely needs to hire a local worker's compensation attorney to file a suit against the insurance carrier here. if he is unable to work based on the work injury, they owe him significantly more.