my mom got hurt in her work she got operated and now cant work. the insurance told her they wont be paying her anything since she doesnt work there in the summer. but now she cant work at her other place.
2007-07-11 12:29:04 · 10 answers · asked by jorge c 1 in Politics & Government ➔ Law & Ethics
my mom got hurt at her job. she works as a custodian for the imperial county of education. her imediate supervisor told my mom to help her {the supervisor}go get some books from the main office using a cart the janitors had made. so she went. when they were returning to the classroom one of the pipes in the cart came off and hit my mom in her ankle. the supervisor showed no care and left because she had to go to her college class. my mom then called a former supervisor that told her to go to the hospital.and i had to take her. her foot got infected they treated her at the hospital. then she got send to a "doctor" one of these insurance "doctors" who told her "go back to work its just swollen" my mom has 2 jobs she returned to the other 1 but couldnt take the pain & went back to the "doctor" lucky for us there was another doc there and he said gangrene was forming so they operated on her. its been 2 mnths and no check has arrive from the work's comp since she doesnt work there in sumer
2007-07-11 12:52:10 · update #1
workers compensation should be covering her lost wages if this was a workplace situation. You will need to either contact the state labor board or retain an injury lawyer. You might also contact the Social Security Department if this looks like it will be a long term issue.
2007-07-11 12:33:56 · answer #1 · answered by spag 4 · 1⤊ 0⤋
If your mom got hurt at work, then she should have filed a Workman's Compensation Claim. She can only file this claim if she was on the clock when she got injured though. I'm not sure why the insurance says they won't pay. If she's paying premiums for the insurance it doesn't matter if she works there in the summer or not. Maybe haver her attorney check into that because something doesn't sound right with that. As for what she'll get is she sues, it all depends. Mostly she'll get compensation for lost wages and for the amount of the medical bills and that's about it. Maybe a little more for mental anguish if she got behind in bills while off work, etc. Good luck!
2007-07-11 19:39:33 · answer #2 · answered by CJ 3 · 2⤊ 0⤋
If your mom was an employee of the place where she got hurt, she is limited to going thru workers compensation, at least in Florida. While it can vary state to state, I think that is pretty consistent throughout the U.S. I am not sure if she can claim lost wages based on a 2nd job but any workers comp attorney could tell her. They get paid their fees from the employer so they should be willing to talk to your mom for free. Good luck.
2007-07-11 19:36:37 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It depends how she got hurt. If she was operating unsafely then no - she is completely liable for what happened. If the area around her was unsafe, however, and the injury is a result of that - she has a case. Simply contact a "no win no fee" injury lawyer and plead a case such as you're struggling with bills since she can't work and has no income.
2007-07-11 19:34:31 · answer #4 · answered by Borat 2 · 0⤊ 0⤋
Don't listen to the insurance companies - they are paid to deny you everything possible. A jury of 12 are likely to be more sympathetic than an insurance company....based on the facts of the case, of course.
2007-07-11 19:40:58 · answer #5 · answered by SunFlower 1 · 0⤊ 0⤋
Has she contacted workers comp?
I would not stop there if they don't help.
They have lawyers that help in cases like this.
2007-07-11 19:33:37 · answer #6 · answered by Mom of 3 3 · 1⤊ 0⤋
You need a lawyer for this one. Good luck.
2007-07-11 19:33:42 · answer #7 · answered by ♥ Mel 7 · 0⤊ 0⤋
I don't know. You left out WAY to much. What does her lawyer say?
2007-07-11 19:33:11 · answer #8 · answered by davidmi711 7 · 1⤊ 0⤋
The details matter, and we don't have the details. You need a lawyer.
2007-07-11 19:34:48 · answer #9 · answered by The Scorpion 6 · 0⤊ 0⤋
Yes the more surgerys she has the more money she will get.Do not let her settle .Nothing will replace her loss.
2007-07-11 19:41:13 · answer #10 · answered by tosha38401 3 · 0⤊ 0⤋