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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56556
Experience:  Licensed attorney helping employers and employees.
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I need advice on Workman's Comp rights son who was hurt on

Customer Question

Hello, I need advice on Workman's Comp rights for my son who was hurt on the job May 24th. Since that time, his boss has done everything possible to delay sending information to Workman's comp so my son would get paid in a timely manner. On June 24th, after hearing that my son's doctor had not cleared him for full regular duty yet, my son was laid off, was told they were "downsizing". He was the only one. This week my son asked his boss to fill out a simple form and provide a layoff letter because he has layoff/disability insurance on his car loan. Because he's not receiving his WC payments, he's having trouble making the payments, so he needs these forms to prove he's been laid-off. His boss claimed today "I have no responsibility to fill this out or provide anything to anyone saying i laid you off"..this was in a text, all of which we are keeping. What can we do? If we can just get these forms, he'd be done with us. We don't understand his actions.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

Legally, consider a letter with a cc to a lawyer demanding immediate processing.

If employer has delayed, employer would be personally liable and accountable to pay him.

If needed, can complain to the state labor board, workers comp commission, and even pursue legal action for damages.

Expert:  Infolawyer replied 1 year ago.

Employer will not want to risk lawsuit or agency review and should act on this to remedy the problem.

Customer: replied 1 year ago.
One glitch in this is the owner of the company is a good friend of ours and our son's former basketball coach. We have tried to keep him out of it as we respect him greatly and believe he does not know the extent of this. My son has chosen to finally call him and ask him what to do. I do have an appointment with a lawyer set up on Monday. I don't want to begin legal action, but my son's former boss (the manager) is forcing our hand, I feel.
Expert:  Infolawyer replied 1 year ago.

You can leave the lawyer in the background and try to work it out hinting that you want to get past this, get benefits, and not have to turn this over to outside avenues. Company should get it and take care of it. And if does not, you reserve those options!

Kindly click on an excellent rating for the answer.

Expert:  Infolawyer replied 1 year ago.

Bonus not required, but always appreciated. Good luck!

Customer: replied 1 year ago.
I also would really like to know.....is he legally obligated to fill out that form and provide some documentation of my son's termination/lay-off. This is also why I think his WC payments are delayed, because he has not given them the information they need to pay my son until the doctor clears him. If a person is laid-off, and requests documentation stating that, isn't an employer legally obligated to comply? Or can he really refuse?
Expert:  Infolawyer replied 1 year ago.

He is required to cooperate and respond to information. He cannot refuse. For this reason, a threat of labor board, wc board, and lawsuit may wake him up to his obligation!

Customer: replied 1 year ago.
Is there a link to an example letter you can provide me with?
Expert:  Infolawyer replied 1 year ago.

A letter here would not be a form. It would in a nutshell do the following:

1. narrate the time he worked there

2. the injury sustained

3. the claim filed.

4. the employer conduct

5. the past back and forth

6. what need employer to do now.

7. reserving rights to pursue agency and court complaint if not remedied immediately.

Expert:  Infolawyer replied 1 year ago.

Tried to expedite your answer. Kindly rate me good or excellent.

Expert:  Infolawyer replied 1 year ago.

thank you in advance.

Customer: replied 1 year ago.
Update: my son called his insurance company that is providing the payment protection and told them the employer was refusing to fill out the form. He also finally called the owner of the company, who only knew he had been hurt on the job, but had no idea he'd been laid off, or any of the details. He advised my son to call his laywer.
The insurance company had my son sign the survey form they sent and fax it to them and they said they would call the employer for the information. We included our answers to the questions in the event the employer lies, as we expect he will.
Expert:  Infolawyer replied 1 year ago.

Sounds like some progress. Kindly rate the answer positively.

Expert:  Infolawyer replied 1 year ago.

If you choose to retain a lawyer locally, martindale.com and avvo.com are good options.

Expert:  Infolawyer replied 1 year ago.

Tried to expedite for you. Please click on a good or excellent rating, and welcome to follow up after rating!