What if my company does not want to help me? 47 Answers as of July 02, 2013

What if my company does not want to help me? I have been working for my employer for 20 years. I got injured and no help was offered.

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Frank Law Group, P.C.
Frank Law Group, P.C. | Brett E. Rosenthal
The employer doesn't really have a choice. If you were injured on the job they must have worker's compensation coverage to cover such occurrences. If they did not, they are subject to a 3rd party civil suit to compensate you for your injury. Ask employer for worker's compensation carrier identification and need to make a claim to them, which should start everything rolling. If your employer will not provide that information, then need to contact a worker's compensation attorney.
Answer Applies to: California
Replied: 5/23/2012
LEATHERS LAW FIRM
LEATHERS LAW FIRM | A. Wade Leathers, Sr.
Was this an on the job injury and does your employer carry Worker's Comp?
Answer Applies to: Alabama
Replied: 7/2/2013
Broad Law Firm, LLC
Broad Law Firm, LLC | Donald K. Broad
If you were injured in the scope of your employment in Indiana, your employer should have workers compensation coverage. You should consult with a personal injury attorney in your area to determine if you still have rights.
Answer Applies to: Indiana
Replied: 5/22/2012
Goodman & Goodman PA | Bruce Elliott Goodman
If you wee injured at work, under Workers Compensation law, your employer, or their insurer, has an obligation to pay for your medical bills, 2/3 of your average weekly wage if your doctor says that your are unable to work due to your work injury, pay you for any permanant disability, and possibly other benefits.
Answer Applies to: Maryland
Replied: 5/22/2012
Salladay Law Office | Lance Salladay
If you were injured on the job, you have a right to Workers Compensation- if your employer is unwilling to file a claim or assist you, call or go to the Department of Labor and you can file a claim there- your employer is required to file a Notice of Claim if the accident was on the job. If the accident was outside of your work, and not connected to your work, your employer has no obligation to provide assistance to you.
Answer Applies to: Idaho
Replied: 5/22/2012
    Ford, Howard & Cornett, P.C. | Bradley Cornett
    Based on the very limited information provided in your question, it sound like you may have a work comp claim based on an on-the-job injury. If it was not a work related injury, your employer is most likely not obligation to offer any help apart from whatever benefits (i.e., sick leave, etc.) that you may be due under the company's policy. You may have a right to unpaid leave under the Family Medical Leave Act. You should probably speak with an attorney who handles work comp and employment law matters. Most attorneys will provide a free initial consultation.
    Answer Applies to: Alabama
    Replied: 5/22/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    If you were injured on the job, file for worker's comp. If not, then do you have health insurance through employment? Can you be covered under someone else's insurance (spouse?). If someone other than you or your employer caused the accident, then you may be able to bring a personal injury action.
    Answer Applies to: New York
    Replied: 5/22/2012
    Harvath Law Offices | Michael T. Harvath
    If you were injured on the job while working and in the course of your employment, you most likely have a valid workers' compensation claim and you are entitled to compensation. If the injury that occurred to you was the fault of someone other than a co-worker or another employee, you may well have an entirely separate claim against that person that will entitle you to additional compensation. However, in some instances, the employer does not follow through with processing the claim or may be delaying. In these instances, a worker's compensation claim needs to be filed on your own, and, if not done so within the required time period, you will lose the ability to collect the compensation and benefits that you are entitled to. If you have a work injury, workers' compensation will pay for all your medical treatment related to the injury, will pay for time missed from work, and will pay you an additional sum of compensation if you have on-going problems because of your injury. Additional details would be needed to determine what type of claim you have and what needs to be done.
    Answer Applies to: Missouri
    Replied: 5/22/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    It's not clear what type of help you want or need. Whether it is directly related to work or not.
    Answer Applies to: Illinois
    Replied: 5/22/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    You should turn in a claim form for workers' compensation by asking the person in charge of the office for the form. If no form is available then simply write it out on a piece of paper and hand it in, while keeping a copy. If still no help, then contact the insurance commissioner or the Industrial Commission in your state.
    Answer Applies to: Iowa
    Replied: 5/22/2012
    Brian Wendler | Brian Wendler
    Without more information it is very difficult to give you any meaningful answer. However, and this is only generally speaking, if your employer is aware you have been injured on the job and the injury is work related you can file a workers compensation claim yourself. Make sure you do this within the time limits. If the employer is taking the position that your injury was caused intentionally by a coworker for example you can sue the coworker for an intentional tort (e.g. battery, assault) in a regular lawsuit. Unfortunately questions like yours are becoming more and more common. The workers compensation laws were written to provide a trade off such that workers would be taken care of for on the job injuries with no questions asked for the most part. In exchange the companies were to be protected from lawsuits for on the job injuries. Recently we have been hit with a barrage of corporate propaganda via campaign adds, news articles and press releases complaining about unfair the workers compensation system is. The propaganda always focuses on the odd ball cases as examples of why the system needs to be revised. Because of this propaganda the workers compensation laws have been rewritten time and again to favor the companies. The end result is the benefit to the employer (injuries are covered without questions) has eroded greatly but the protection for the employer has remained the same. There are now many traps and pitfalls built into the system for individuals who do not know how the workers compensation works. I suggest you consult with a local lawyer. Most do not charge for the initial consultation.
    Answer Applies to: Illinois
    Replied: 5/22/2012
    Alvin Lundgren | Alvin Lundgren
    You should be covered by Workman's Compensation. If your company is not offering assistance they are breaking the law.
    Answer Applies to: Utah
    Replied: 5/22/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    DID YOU GET INJURED ON THE JOB? Or was it OFF THE JOB? They have certain responsibilities and duties towards you. You need to contact an employment attorney to discuss.
    Answer Applies to: Michigan
    Replied: 5/22/2012
    The Torkzadeh Law Firm
    The Torkzadeh Law Firm | Reza Torkzadeh
    You may have several options depending on how you were injured and the extent of your injuries. I suggest you speak with an attorney who can talk you through your options and explore which one will best suit your situation.
    Answer Applies to: California
    Replied: 9/5/2012
    Ezim Law Firm | Dean Esposito
    If you were injured during the course and scope of your employment, you can file a worker's compensation claim for your medical expenses and treatment, and your wages if your injury prohibits you from working.
    Answer Applies to: Louisiana
    Replied: 5/22/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You're entitled to Workers Compensation. Get a lawyer.
    Answer Applies to: New York
    Replied: 5/22/2012
    Law Offices of Jerome M. Applebaum | Jerome M. Applebaum
    Were you injured on the job? I must assume so, otherwise the answer is "nothing!" Your question left out whether the injury is job-related. But If you ARE injured on the job, meaning that it occurred within the course and scope of your employment, then you should file a First Notice of Injury with your employer, seek healthcare providers to diagnose & treat the injury, and comply with the company's procedures for obtaining your Workers Compensation benefits. In California, every employer MUST have Workers' Comp insurance, either through an established carrier or be permissably self-insured (self-insurance can only be expected through a major/large employer); it is absolutely mandatory for every employer! There is much more to Workers' Comp, but I'm not going to write an encyclopedia about it. Also note that you are covered under CA State Disability Insurance, and if your employer won't do anything under W/C, then you should apply for State Disability benefits. The State will then investigate to determine why the employer refused to help and if it is a work-related injury, then the employer will be required to provide you with W/C coverage benefits. You can't be fired for applying for any of these benefits, nor can your employer discriminate against you in any way simply because you have asked for the benefits reqquired by law.
    Answer Applies to: California
    Replied: 5/22/2012
    Mike Yeksavich | Mike Yeksavich
    I assume since you mention an employer and being hurt that you were hurt at work. If that is so and no help is forthcoming then file a Workers' Compensation Case.
    Answer Applies to: Oklahoma
    Replied: 5/22/2012
    John Russo | John Russo
    I am not aware of any law that obligates any company to help an employee that was injured. If you were hurt on the job thats what workmen's comp and liability insurance is for. If you were hurt off the job thats what TDI is for. And when you say help what type of help are you looking for.
    Answer Applies to: Rhode Island
    Replied: 5/22/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    You should file a claim for workers comp.
    Answer Applies to: Texas
    Replied: 5/22/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    If you were injured on the job, workers compensation covers you. Request the forms from your employer to file a claim. If they refuse, workers compensation info should be posted on the bulletin board. If not, contact a workers compensation attorney.
    Answer Applies to: California
    Replied: 5/22/2012
    Downriver Injury and Auto Law | Michael Heilmann
    You need to file a workers compensation claim with the carrier. Find out who the carrier is and file a claim.
    Answer Applies to: Michigan
    Replied: 5/22/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    That sounds like a workers compensation case. Get a lawyer.
    Answer Applies to: Michigan
    Replied: 5/22/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Call a lawyer as early as you can after an injury on the job. The insurance company is represented and you should be too.
    Answer Applies to: Virginia
    Replied: 5/22/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    You should file a worker compensation claim with the State of Iowa Industrial Commissioner. If the company doesn't have worker compensation insurance you proceed against the company in district court. You need a lawyer.
    Answer Applies to: Iowa
    Replied: 5/22/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    File a workers comp complaint. See a workers comp attorney.
    Answer Applies to: California
    Replied: 5/22/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    If you were injured on the job, you should have filed a claim for worker's compensation. Don't delay. What kind of help do you want? If you were injured in Montana, we may be able to help you. Every state's workers' compensation laws are different so you need a lawyer in the state your claim is filed.
    Answer Applies to: Montana
    Replied: 5/22/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If you were injured in the course and scope of your employment you have a worker comp claim, if you were injured outside the course and scope the employer owes you nothing. Or if you were drunk or on drugs and injured yourself the employer owes you nothing.
    Answer Applies to: North Carolina
    Replied: 5/22/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    Were you injured on the job? If so, and if your employer had at least 5 employees, the employer is required to provide workers compensation benefits to you. Workers' compensation would pay your medical bills and a percentage of your average weekly wage for the period that you are unable to work, plus possibly other compensation depending on the duration and scope of your injuries. If you were not injured on the job, or the employer had fewer than 5 employees, the employer would only be liable if the employer's negligence, or the negligence of another employee of the employer caused your injuries.
    Answer Applies to: Mississippi
    Replied: 5/22/2012
    Brown, Paindiris & Scott, LLP
    Brown, Paindiris & Scott, LLP | Simon J. Lebo
    Assuming that you were injured on the job, you are generally entitled to workers' compensation.
    Answer Applies to: Connecticut
    Replied: 5/22/2012
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Richard Martin
    If you were injured on the job, workers compensation laws may apply. Consult a workers comp attorney immediately.
    Answer Applies to: Kansas
    Replied: 5/22/2012
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    I assume the "help" you are asking about is payment of medical expenses, lost wages and similar items. If so, you should be entitled to workers' compensation benefits from your employer for injury. In Nebraska, you are entitled to workers' compensation benefits if your injury "arose out of and in the course of his or her employment," which basically means you were injured while working. There are some other requirements and limitations to obtaining benefits such as providing timely notice about your injury to your employer. If your company is not doing what it is required to under workers' compensation then your only option is to sue them in the Workers' Compensation Court. You should contact a workers' compensation attorney to further discuss your case. Most offer a free initial consultation where you can learn more about your rights.
    Answer Applies to: Nebraska
    Replied: 5/22/2012
    Law Office of Gregory Crain | Gregory Crain
    File a workmen's compensation claim.
    Answer Applies to: Arkansas
    Replied: 5/22/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    If you were hurt on the job as a result of and incidental to your job, you are entitled to workerman's compensation and should file a claim with the Worker's Compensation Commission.
    Answer Applies to: Virginia
    Replied: 5/22/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    Your question is very vague. You should be covered by industrial insurance (workers comp) if it was an on the job injury. Otherwise, there are too few details in your question.
    Answer Applies to: Washington
    Replied: 5/22/2012
    Brankey & Smith, P.C. | Rodney L. Smith
    Its hard to answer your question without more facts. Were you injured at work? If so, then you have Workers' Compensation rights available to you.
    Answer Applies to: Illinois
    Replied: 5/22/2012
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    If you were injured on the job, go to the doctor and refer the claim to the employer's workers compensation carrier. If they don't have workers comp insurance, talk to an attorney who specializes in workers compensation.
    Answer Applies to: Utah
    Replied: 5/22/2012
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    If you got injured on the job you can contact their workers' compensation insurance company, if your employer is ignoring you. The insurance company information is required to be displayed in the workplace.
    Answer Applies to: New Jersey
    Replied: 5/22/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If you have been injured while at work you are entitled to worker's compensation. If you cannot get cooperation from your employer you need to contact an attorney.
    Answer Applies to: New York
    Replied: 5/22/2012
    Law Offices of David W. Hibbert
    Law Offices of David W. Hibbert | David W. Hibbert
    If this was an on the job injury , they are required by Georgia law to file a 1st report of injury to the State Board of Workers Compensation. Your state's laws may differ. On the job injuries are subject of Workers Compensation laws. Seek counsel. If it's a job at home and unrelated to your job , your employer has no legal duty to aid or assist you in dealing with it other than some job related health insurance which might be provided. You may be able to take advantage of family medical leave as well.
    Answer Applies to: Georgia
    Replied: 5/22/2012
    Mosley, Engelman & Jones, LLP
    Mosley, Engelman & Jones, LLP | Britany M. Engelman
    Depending on the size and formation of the company you work for, it is generally mandatory for it to carry workers' compensation insurance to cover its employees who suffer injuries in the workplace. You should make a written documentation of your injury and a written request for assistance via your company's workers' compensation insurance then submit this request for your company's human resources department.
    Answer Applies to: California
    Replied: 5/22/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    If your injuries were job-related, you should contact the Indiana Worker's Compensation Board for specific assistance and direction.
    Answer Applies to: Indiana
    Replied: 5/22/2012
    Richard E. Lewis, P.S.
    Richard E. Lewis, P.S. | Richard Eugene Lewis
    Were you hurt on the job? If you were you must file out a report and Labor and Industries handles the claim, unless your employer is self insured. If it was not on the job, your employer is probably not involved. More info is needed.
    Answer Applies to: Washington
    Replied: 5/22/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    If you were hurt on the job, you are entitled to open up a worker's compensation claim. Speak to the human resource department and demand that they do so. If they do not cooperate, you can go to the Department of Industrial Accidents in Boston and find out who the worker's compensation carrier is for your company and contact them yourself.
    Answer Applies to: Massachusetts
    Replied: 5/22/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    You need to seek counsel from a workers compensation attorney. You should do so soon because there are time limitations.
    Answer Applies to: Michigan
    Replied: 5/22/2012
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