Co worker fighting for workmans comp..any recommendations

[Anonymousposter]

Right before Christmas a co worker was injured on the job, crushed between wall and a full AMJ that was to be loaded into a truck. I and another employee immediately notified 2 supervisors (1 of which was the senior manager at our ramp loocation). He has been unable to work since and is losing use of an arm based due to the injuries.

He has a lawyer and it's like getting blood from a turnip, trying to get the needed surgery scheduled and to receive any workmans comp. Anyone have any legitimate idea, contact ideas at a higher level...please no sarcasm in the responses

The crazy thing is same day he is injured another team member hurt themselves tripping over there own shoelaces...they got the workmans comp without any issue

 

[Operational needs]

Right before Christmas a co worker was injured on the job, crushed between wall and a full AMJ that was to be loaded into a truck. I and another employee immediately notified 2 supervisors (1 of which was the senior manager at our ramp loocation). He has been unable to work since and is losing use of an arm based due to the injuries.

He has a lawyer and it's like getting blood from a turnip, trying to get the needed surgery scheduled and to receive any workmans comp. Anyone have any legitimate idea, contact ideas at a higher level...please no sarcasm in the responses

The crazy thing is same day he is injured another team member hurt themselves tripping over there own shoelaces...they got the workmans comp without any issue

Is the lawyer not helping?

 

[Anonymousposter]

For the most part yes...but bit of the dog chasing it's tail since January

 

[Operational needs]

For the most part yes...but bit of the dog chasing it's tail since January

Did your friend call the state Workers Comp people to see if Fedex even reported it?

 

[Anonymousposter]

I believe so, about 6 weeks ago they had a hearing. But will mention that to him to have his lawyer check into that

 

[Fred's Myth]

Right before Christmas a co worker was injured on the job, crushed between wall and a full AMJ that was to be loaded into a truck. I and another employee immediately notified 2 supervisors (1 of which was the senior manager at our ramp loocation). He has been unable to work since and is losing use of an arm based due to the injuries.

He has a lawyer and it's like getting blood from a turnip, trying to get the needed surgery scheduled and to receive any workmans comp. Anyone have any legitimate idea, contact ideas at a higher level...please no sarcasm in the responses

The crazy thing is same day he is injured another team member hurt themselves tripping over there own shoelaces...they got the workmans comp without any issue

Since the thrust of WC is to eliminate the need or use of legal representation (sort of a no-fault insurance), your friend violated detente by retaining an attorney, and are now reaping the rewards of declaring war against FedEx.
Sometimes it doesn't pay to put the cart before the horse .
Hope they retained a competent lawyer.

 

[!Retired!]

Sounds like the lawyer is doing his/her job. It's going to be a long and tedious process. I hope he didn't sign anything before he hired a lawyer, that will make things more complicated.

 

[Oldfart]

Best advice is to not listen to anyone on here. His lawyer or another lawyer should be his go to person. Getting answers on here would be a waste of time unless someone on here is an attorney and not just a truck driver.

 

[Fred's Myth]

Sounds like the lawyer is doing his/her job. It's going to be a long and tedious process. I hope he didn't sign anything before he hired a lawyer, that will make things more complicated.

Can I sue my employer for a work injury?

Yes. You may sue your employer for any reckless or intentional action of your employer that caused your injury. If you choose to do this, you will waive your right to workers' compensation insurance. If you are successful, the court may award a broad range of damages, such as punitive damages, medical expenses, lost wages, pain and suffering, and mental anguish.

 

[Operational needs]

Can I sue my employer for a work injury?

Yes. You may sue your employer for any reckless or intentional action of your employer that caused your injury. If you choose to do this, you will waive your right to workers' compensation insurance. If you are successful, the court may award a broad range of damages, such as punitive damages, medical expenses, lost wages, pain and suffering, and mental anguish.

Couldn’t that vary by state?

 

[Oldfart]

Hopefully 1 of those two stayed at a Holiday Inn Express last night Just more proof your friend should not get legal advice on here. Lawyers attend law school for a reason.

 

[Fred's Myth]

Couldn’t that vary by state?

Workers' Compensation: Can I Sue My Employer Instead? - FindLaw

 

[Indecisi0n]

Have his lawyer create an account on here.

 

[MAKAVELI]

Right before Christmas a co worker was injured on the job, crushed between wall and a full AMJ that was to be loaded into a truck. I and another employee immediately notified 2 supervisors (1 of which was the senior manager at our ramp loocation). He has been unable to work since and is losing use of an arm based due to the injuries.

He has a lawyer and it's like getting blood from a turnip, trying to get the needed surgery scheduled and to receive any workmans comp. Anyone have any legitimate idea, contact ideas at a higher level...please no sarcasm in the responses

The crazy thing is same day he is injured another team member hurt themselves tripping over there own shoelaces...they got the workmans comp without any issue

Since the thrust of WC is to eliminate the need or use of legal representation (sort of a no-fault insurance), your friend violated detente by retaining an attorney, and are now reaping the rewards of declaring war against FedEx.
Sometimes it doesn't pay to put the cart before the horse .
Hope they retained a competent lawyer.

Can I sue my employer for a work injury?

Yes. You may sue your employer for any reckless or intentional action of your employer that caused your injury. If you choose to do this, you will waive your right to workers' compensation insurance. If you are successful, the court may award a broad range of damages, such as punitive damages, medical expenses, lost wages, pain and suffering, and mental anguish.

Workers' Compensation: Can I Sue My Employer Instead? - FindLaw

I didn't see anything in the OP's post that stated his co-worker was suing FedEx.

 

[Meat]

Right before Christmas a co worker was injured on the job, crushed between wall and a full AMJ that was to be loaded into a truck. I and another employee immediately notified 2 supervisors (1 of which was the senior manager at our ramp loocation). He has been unable to work since and is losing use of an arm based due to the injuries.

He has a lawyer and it's like getting blood from a turnip, trying to get the needed surgery scheduled and to receive any workmans comp. Anyone have any legitimate idea, contact ideas at a higher level...please no sarcasm in the responses

The crazy thing is same day he is injured another team member hurt themselves tripping over there own shoelaces...they got the workmans comp without any issue

Why are you posting on behalf of your co-worker?

 

[vantexan]

Best advice is to not listen to anyone on here. His lawyer or another lawyer should be his go to person. Getting answers on here would be a waste of time unless someone on here is an attorney and not just a truck driver.

True, don't listen to Oldfart whatever else you do.

 

[Fred's Myth]

I didn't see anything in the OP's post that stated his co-worker was suing FedEx.

Take the time to read up on the subject, and you will discover that your employer cannot deny your WC rights, unless you take legal action against them, at which time it becomes an adversarial relationship.
It would be a safe bet that, based on the OP description of the situation, that this is the case.

And, for the intellectually challenged, I see no 'legal advice' being given in this thread.

 

[MAKAVELI]

Take the time to read up on the subject, and you will discover that your employer cannot deny your WC rights, unless you take legal action against them, at which time it becomes an adversarial relationship.
It would be a safe bet that, based on the OP description of the situation, that this is the case.

And, for the intellectually challenged, I see no 'legal advice' being given in this thread.

Like I said, nothing in his post states he took legal action. Just because one hires a lawyer doesn't give the employer the right to deny wc.

 

[MAKAVELI]

Take the time to read up on the subject, and you will discover that your employer cannot deny your WC rights, unless you take legal action against them, at which time it becomes an adversarial relationship.
It would be a safe bet that, based on the OP description of the situation, that this is the case.

And, for the intellectually challenged, I see no 'legal advice' being given in this thread.

It actually sounds like FedEx is trying to fight a permanent disability claim. That has nothing to do with if the employee hired an attorney.

 

[Anonymousposter]

To answer few questions:

1. No, he is not filing suit or filed suit suit against the company at this time

2. He hired the lawyer due to the troubles he was having getting it going

3. Co worker unaware of site here, but knows I posted for him to help get information or likewise others experience.

4..he wants to get back to work, if they had not been fighting this, he be back already, but longer it goes on it may be become an issue of permanent use of that arm.

5. Not looking for legal advice,