back in august of 2006 i was injured while working at a walmart distribution center with 2 hernias! I was checked out by 4 doctors two of which were surgeons and all documented it was confirmed work related. so i continued to work light duty for exactly 60 days while it was going through the workmans comp investigation etc. on the 60th day i was told that my injury was denied because walmart sent the case to a doctor way off in another state and this is a doctor that never even seen me, and he said it was impossible it was work related??? and i had to leave and could only come back when i get the injury fixed! so i immediatly went to an attorney that same day and got a case started against walmart about this and now its been 5 months since i filed for a hearing and still no hearing date in site? how long does this take? how do you think this will pan out in the end? walmart is a very crooked company to work for and they most always pull this crap with most injured employees!
2007-03-06 14:37:18 · 16 answers · asked by brussels152 1 in Politics & Government ➔ Law & Ethics
my job position was order filling which was lifting boxes up to 100lbs at a rate of 400-500 and hour to make rate thats how i got injured! i was only there for 2 weeks when it happned, i currenlty ran out of money to live so i am going to have to find a light duty job and not mention i have hernias or i will not get hired no where! my health can not wait years if that is what is going to happen i need surgery like right now! its bad. if i where to go in and have surgery anyway right now what would happen? would the bills be held until the case settles?
2007-03-06 14:57:00 · update #1
My attorney does not keep in touch with me very good, I never hear from him unless I contact him? he just says just got to wait, thats it! sometimes i think maybe there was a better attorney i could have went to with a more ruthless spit and fire in his pants that could use every crooked loop hole in the law to take 'em. I am so upset about this case that i wish i had the power to bring the company of walmart down, or at least sue them for a fortune for leaving me with an injury thats leaves me in total pain everday! god if i knew i could i would play there game for years if thats what it took just to prove to them a point of my own..
2007-03-06 15:29:34 · update #2
Go to the media.
That's the quickest way to get their attention.
You know... the old "squeaky wheel gets the oil" strategy.
2007-03-06 14:41:47 · answer #1 · answered by sroozib 2 · 1⤊ 2⤋
You left out some vital information. What was it you were doing when you got injured?
Answer that, I will check back and answer further.
EDIT: So I understand, you took a job that required constant lifting of up to 100 pounds. And, you understood prior to accepting and showing up for the first day, that your new position was going to require such lifting? And, in the course of doing the job you agreed to do, and most likely told them that you wanted to do and were capable of doing, you were injured? And you want to sue them? I will leave my personal opinion out here, since you did not ask for that.
You have a work related injury. They should be paying you temporary disability until you get well and return to work. They should further be covered by their liablity insurance, as well as the workers comp that they pay to the state, you should be receiving income, and have your medical bills tended to. I would file a workers comp claim, which you have done, and it was denied. So, the next logical step is to contact a personal injury lawyer. Try to stay away from the ones that advertise on the television. You have 4 expert opinions that state you were injured. Wal-Mart has one, which has never seen you. I would say that you have a case.
It will take a very, very long time. Minimum before you see any money - 4 years.
2007-03-06 22:41:37 · answer #2 · answered by El Gato Volador 3 · 0⤊ 1⤋
When you file a lawsuit it's not uncommon for it to drag on for several years. Rarely are cases like this settled out of court in a timely fashion. Lawsuits can be extremely stressful and emotionally draining.
As for how things will pan out, I can see Wal-Mart winning it but only because they have more resources with which to fight. You might take it to the media, but that's a risky place and even then, you still need evidence.
Many people feel certain they will win their case because the wrong committed is so outrageous. Without plenty of direct evidence I think this is going to be an uphill battle for you.
As for how often this occurs, there are definately problems sometimes with employee health plans and large corporations. As much as I dislike Wal-Mart, there are problems at smaller corporations as well.
2007-03-06 22:50:49 · answer #3 · answered by Anonymous · 1⤊ 0⤋
While I am a criminal defense lawyer, not a worker's comp lawyer, I had some experience with Wal-Mart's tactics when I was clerking for a supreme court judge in my state. As I'm sure you know, Wal-Mart is notorious for denying claims. It's what they do best. They will drag this out in hopes that you will eventually give up. Just keep in touch with your attorney and make sure he keeps you informed about what is going on with the case. If you have independent doctors on your side and make sure all your ducks are in a row as far as your medical treatment and any continued medical treatment, you should come out fine in the end. It just might take a while. Good luck.
2007-03-06 22:48:54 · answer #4 · answered by Heather Mac 6 · 2⤊ 0⤋
walmart,or any big company has everythig to gain by making you wit....this type of case will prob take 2-3 years to settle and this is aprt of the plan....to make you wait so long you must go back to work before it is settled and they can use your present status as working against you in the claim.....actually,unless you are wealthy you can do nothing...if you draw workmans comp during this time you must pay it back out of any settlement they give you and most people end up with very little extra after the claim expenses have been paid.....my advice,go vback to work now,take your little settlement when you get it and not owe workmans comp anything.......they will eventually settle with you for the doctor bills,some little pain and suffering etc...you prob will clear about 3000 ot so at the end of it.....no average joe is going to win against the biggest company in the US....they have lawyers that do nothing but wait you out...good luck
2007-03-06 22:44:08 · answer #5 · answered by Anonymous · 1⤊ 2⤋
unfortunatley i've seen that kind of thing happen before. I'm no lawyer, so I couldn't say, but its possible it could be drug out for some time. Have you talked to your lawyer? Have you considered settling out of court?
The company that you are fighting has a big team of lawyers, and they probably have a lot of lawsuits to handle. I would get with your lawyer and find out what he thinks.
2007-03-06 22:42:08 · answer #6 · answered by Deu 5 · 1⤊ 1⤋
You have 3 years in my state to file a lawsuit against them. You can contact the labor board for your particular state. They are required to accomodate your needs if this injuery is work related.
2007-03-06 22:46:16 · answer #7 · answered by eddie4306 2 · 0⤊ 2⤋
talk to your lawyer about the case. ask him whats going on with the date.
2007-03-06 22:42:54 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Stick with it. Walmart will try to delay and deny hoping you will quit.
2007-03-06 22:40:14 · answer #9 · answered by Timothy M 5 · 1⤊ 1⤋
They will pay $100,000's to avoid paying you a small compensation payout, ridiculous. Try and band together with other people in your situation. Make noise!
2007-03-06 22:43:28 · answer #10 · answered by sunny 2 · 0⤊ 2⤋