WV Workers Comp. denied paying me for time I was unable and off work. Said it was because I quit my job. I quit my job because my injury was caused as a direct result of my employers intentional actions. I strained my back upon avioding a box my employer threw at me when I asked him where it was, because I couldn't find it. He acted in an unprofessional and quite rude manner. At this time I was unable to file for unemployment because I was not able to work. When I was released for work I filed for unemployment again. I was able to prove to them that my employer was in part or in whole responsible for me leaving. Like the laws that protect us in unemployment from HAVING to put up with treatment like this, is there one to protect me from HAVING to put up with treatment like this in order to be eligable for my days I was unable to work due to his intetional mistreatment ??????????
2006-08-09 03:03:01 · 7 answers · asked by BJ 1 in Politics & Government ➔ Law & Ethics
I don't know the law in WV, but I practice in another state and while throwing boxes intentionally at someone is not a worker's comp claim, it is treated as any ordinary lawsuit against an individual. Many states say that an employer doesn't pay worker's comp for intentional injuries, but the person throwing the box is liable for the injury themselves. Talk to a lawyer down there in West Virginia and they'll be able to help.
2006-08-09 06:47:21 · answer #1 · answered by NormJunior 2 · 0⤊ 0⤋
First of all that is not the original Jefferson Starship. It is Mickey Thomas and the Starship. The original Jefferson Starship had broken up and this album (guess how old I am) was produced after that. Jorma Kaukonen, Jack Cassidy and Marty Balin had split, which left Grace Slick and Paul Kantner. There was a big lawsuit over the use of the name Jefferson Starship and the outcome was the "Starship" could only be used. Mickey Thomas joined the group and produced the tacky music to which you refer and I too, would wear earplugs and keep the job. BUT, I would also listen to the original Jefferson Airplane and Jefferson Starship which were fantastic. That's probably way more than you want to know about Jefferson Starship
2016-03-27 05:08:31 · answer #2 · answered by Megan 4 · 0⤊ 0⤋
Too bad you didn't check with a lawyer before you chose to quit. It can make a difference in your eligibility for workers' comp, especially if you waited for your pain to go away before you applied for wc.
It doesn't help that the box you couldn't find was readily at hand, although your boss clearly should not have thrown it at you.
You may well be eligible for compensation for lost wages and medical expenses by suing the company and the boss personally. Check with a WV lawyer.
2006-08-09 03:15:47 · answer #3 · answered by thylawyer 7 · 0⤊ 0⤋
You should have looked harder for the box, then he wouldn't have threw it at you. Nobody likes helpless employees. And as far as straining your back, what a crock! You are just looking for an easy way out after you so stupidly quit your job. So grow up, go get another job, and be responsible this time! And don't bother with the nasty e-mails because i have heard it all! And you know I write truth!
2006-08-09 03:09:51 · answer #4 · answered by Flower Girl 6 · 0⤊ 0⤋
I would head for the lawyer immediately. I doubt you can get worker's comp, but it should be nothing to get money directly from the company itself rather than in the form of paying for your medical bills and 2/3 salary. The boss screwed up, and the company should be willing to pay to keep this out of court, and even if they aren't it shouldn't be too hard for a lawyer to force the issue in court.
2006-08-09 03:08:40 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If he threw a box, sue him in small claims court. The insurer will settle.
You should also be getting unemployment insurance for constructive dismissal. (And you can appeal your workers comp refusal on that basis too.)
If you can allege your boss threw the box in a homosexual frenzy you get more money -- claim for sex discrimination/abuse.
Your state labor board (and in the latter case EEO agency) is your friend.
2006-08-09 03:10:10 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I don't know the legalities. I'm sure some lawyer would be willing to try and argue a settlement for you (and him). The way I see it, if you quit you weren't going to make money on those days anyway so shouldn't get paid for them. Sorry. Think ahead in the future.
2006-08-09 03:09:49 · answer #7 · answered by simianfever 3 · 0⤊ 0⤋