My husband got hurt at work 3 mths ago and is on work comp, his job has canceled his benefits, is this legal?
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My husband got hurt at work 3 mths ago and is on work comp, his job has canceled his benefits, is this legal?
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He has been to several doctors and found out he has a collapsing disc in his back that was caused by the accident at work. The doctors referred him to a neurosurgeon and when they found out they wanted him to have surgery now they sent him to a orthopedic doctor, which from what i hear thats not where he needs to be, they are clueless. i feel like they are trying to screw him, and now his job sent him a letter saying that his benifits were cancelled, he works for a airline, so all his flying and healthcare has been dropped and it says due to unemployment, so is this legal? we have been speaking with lawyers, do you think we have a case against them. I feel if he does get to go back to work whenever that they will look for the dumbest reason to fire him, they already sent him home when he was cleared to do light duty saying he was a liability. i am just scared to take legal action and not win. but also scared of what could happen and we sit back and let what they want to happen. i know someone who didnt and now they are screwed and stuck paying all their medical bills for his injury.Oh and they recommend him doing the epideral shots which i am against, they said it probably wont help, so why shoot steroids in his back if it isnt going to help? i am just trying to get any stories or opinions. Thanks so much ahead of time
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michr
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is the insurance carrier contesting the injury as work related?
IF they are then contact an attorney
IF they are NOT an attorney is probably not needed at this time.
if they have not contested his injury he needs to comply with the doctors they send him to and if need be he can ask for another list of approved doctors.
the key is he must follow all the steps, do not miss appointments and do what is asked by the carrier and doctors as far as testing, rehab, counseling etcetera.
in some states the employer does not provide a list of doctors and in that case the employee can choose any doctor.
the employer does not have to provide light duty,
if they do not he will continue to get his 2/3 normal pay until he is able to return to work or reaches maximum medical improvement (MMI).
as far as benefits are concerned if he had medical insurance with the employer he should have received notice concerning COBRA.
for info about COBRA:
http://www.dol.gov/ebsa/FAQs/faq_compliance_cobra.html
any other benefits such as vacation or sick time are not required by law and as such they are administered according to the employers policies and can be discontinued at any time.
your state has a web-site with all the information you need, in most states an attorney is not needed for a workers compensation claim and settlement. in some states the state will even provide an administrative judge to help you if needed. in most states now the laws have been changed and the state strictly regulates cost, payments and the have the settlement amounts(if needed) already set based on percentage of permanent disability and previous income. check your states web-site for more information before you make any decissions. |
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