It was proven that Leggett & Platt altered a machine and the end result was the loss of a finger and very limited use of a hand due to the malfunction of the machine. A lawsuit against the manufacturer of the machine proved that Leggett & Platt altered the machine. The machine manufacturer has offered a settlement, but Leggett & Platt are making it a stipulation in the the settlement that my husband repay the original work comp settlement. An offer was made that there would be no further legal action taken against Leggett & Platt if they signed off on the repayment of the wc settlement, but they are refusing, saying they want their money. Can they really get away with this type of legal mumbo jumbo? Between what the attorneys will walk away with and what Leggett & Platt are asking for, when they are at fault, it seems like a waste of time to settle, but going to court runs the risk of receiving nothing, which is almost what my husband will walk away with.
2006-08-06 14:56:41 · 6 answers · asked by sunshine 1 in Politics & Government ➔ Law & Ethics
Worker's comp replaced the mechanism of suing your employer for injuries related to a job. Unfortunately in this situation since your husband's employer altered the machine it's liable for injuries that results from it and not covered under worker's comp.
Why does your husband's company want the worker's comp money back? Most likely because now the worker's comp insurance will come after your husband's company for paying a claim that shoudn't have been paid. Your husband doesn't have to accept the stipulation in the settlement. Maybe the lawyer can negotiate and remove that stipulation.
2006-08-06 15:14:19 · answer #1 · answered by El_Nimo 3 · 0⤊ 0⤋
I'm unsure as workers comp settlements are rarely allowed under the laws of the state I live in. It's possible in your state you cannot find fault with a third party manufacturer and your employer. Still, he should still get his benefit checks if he hasn't been released to work and medical is paid forever.
2006-08-06 15:05:08 · answer #2 · answered by MEL T 7 · 0⤊ 0⤋
Seems to me that your attorney is not doing a good job. I wouldn't give them anything back and I wouldn't sign anything. Tell them you want a jury trial. The company will back you and your husband into the wall because they know you want to settle and you want the money.
Your attorney should be in there fighting for your husband and it does not sound like he is. Don't settle!!!!!!!
2006-08-06 15:45:10 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The law says that if a third party is at fault, it must re-imburse the comp. carrier. It is probably not your husband's employer, but its workers comp insurance carrier who is demanding payment. Insurance carriers have an obligation to their owners and to policy holders to minimize their payouts, thereby reducing insurance premiums.
2006-08-06 15:58:18 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The bigger they are, the worse they get! Big companies have no ethics. It is all about money!
2006-08-06 17:35:50 · answer #5 · answered by Kat 6 · 0⤊ 0⤋
Get your selves a damn good lawyer.
2006-08-06 17:03:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋