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Whiskeytide

(4,459 posts)
25. Well, remember the old lawyer saying...
Thu Apr 12, 2012, 09:33 AM
Apr 2012

... that free legal advice is worth what you pay for it. And keep in mind I don't do much w/c work.

But if you were an employee, and they meet the criteria for a qualifying employer in PA (a pretty low threshold in most states - usually having to do with the # of employees), then they usually have to provide benefits under the worker's comp system. Basically, you can only sue them for wages and medical expenses and a few other misc. things (no mental anguish, pain and suffering, etc...), but the trade off for you is that liability is very easy to establish (employer + employee + OTJ injury), and your lawyer may be able to file a quick motion to get wage benefits going.

The problem you may have? Some companies trim expenses when a recession is on, and sometimes the first thing to go is bothersome costs like w/c liability insurance. That means you might have a solid claim, but they don't have the means to pay it.

I genuinely hope it works out well for you.

PA Dept of Labor agrees with this? Cooley Hurd Apr 2012 #1
It's the law here DiverDave Apr 2012 #17
Most labor laws are federal. You might look into it. YellowRubberDuckie Apr 2012 #23
Good luck to you. UnrepentantLiberal Apr 2012 #2
I hope your lawyer can help you. This isn't right. Glimmer of Hope Apr 2012 #3
When I was sick last year The hospital's social service director --he was helping me get help to pay Justice wanted Apr 2012 #4
I hope you win lunatica Apr 2012 #5
Only way to prevent this kind of thing is to unionize NNN0LHI Apr 2012 #6
Ding ding ding! My first thought as well NickB79 Apr 2012 #19
Fight this if you can! DFW Apr 2012 #7
Two things wellstone dem Apr 2012 #8
Worker's Compensation On Way To Being PRIVATIZED (PROFITIZED)!!! Thanks GOP TheMastersNemesis Apr 2012 #9
What about a suit based on disability under ADA? cap Apr 2012 #10
File for long term disability cap Apr 2012 #11
Why should he get on long term disability? snooper2 Apr 2012 #13
Then the long-term disability ends. It's not a permanent thing, unless it's needed. nt DCKit Apr 2012 #14
A few questions: Tommy_Carcetti Apr 2012 #12
I have signed up a lawyer DiverDave Apr 2012 #16
I'm an Alabama lawyer... Whiskeytide Apr 2012 #18
Nope, not an independent contractor DiverDave Apr 2012 #21
Well, remember the old lawyer saying... Whiskeytide Apr 2012 #25
kick Liberal_in_LA Apr 2012 #15
Marry someone from a civilized country in Europe tabasco Apr 2012 #20
LOL thanks, but already married DiverDave Apr 2012 #22
Absolutely maddening, Dave. TheKentuckian Apr 2012 #24
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