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Workers' Compensation

11/17/2008
Steve Lombardi
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Where have all the lawyers gone? We need more lawyers in the legislature.

There are times I think I’ll never be able to say, “I’ve seen it all.”, but this news item takes the cake. Incredible as it may seem the State of Florida recently passed a law allowing employees to bring guns to work. Yes I’m not kidding. Effective July 1, 2008 employees are allowed to bring guns to work as long as they leave them inside their vehicles. Man I’ve got a splitting headache on this one. Mark Toth of Manpower outlines the story on his Manpower or North America blog. As the Chief Legal Officer he’s got his hands full on this one.

“This law and others like it put the employer in the horrible position of having to decide whether to potentially (1) violate the law or (2) fail to take adequate steps to ensure workplace safety.  My guess is that many employers in Disney’s position would have done the exact same thing.  Which would you rather face:  a potential lawsuit from a disgruntled employee or the prospect of gun violence in the workplace?”

I recall in the 1980’s someone publishing a story about how many lawyers were in the legislature implying we would all be better off if elected officials were less schooled in the law. Thirty years have come and gone and today we have very few lawyers in the legislature. Ordinarily common sense tells us that having a high degree of skill from an education is a good thing. But in this instance it seemed that people thought being schooled in the law somehow made a lawyer less qualified to pass laws. Well, time marched on and today we have laws being passed without regard to the greater impact. In this instance allowing employees to bring guns to work was probably a reaction to “going Postal” in the work place. It may in some sense make a person feel safer but in many ways it’s just adding to the insanity of the workplace environment. Workers have enough to worry about with just getting their work done, but now they have to contend with the potential for a gun-battle taking place. We need more lawyers in the legislature, not less. We need more common sense as well.




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Workers' Compensation

What can I do if I was hurt at work and my employer has not helped me yet? I got hurt at work over a month ago and I am in need to get a MRI and the company keeps putting it off. They did not turn it in to workman's compensation and I need to see what's wrong. I am having a lot of pain. What can I do?

What can I do if worker's compensation won't communicate with my attorney? I slipped and fell at work on the school bus steps. I hurt my back and the xray and MRI says I'm fine but I can't function and I am in constant pain. The doctor says I have lower lumbar pain and my left sciatic nerve is giving me problems. I went to physical therapy but workers comp only approved 12 visits. I have a list of restrictions. Workers compensation won't approve my 2nd opinion on my back and won't approve any more therapy and they just started pay me but they are under paying me. On January 13th, I would have been off work for 3 months. I have an 11 month old child and due to non payment from workers comp I lost my apartment and my lights and water got cut off. I had to pull my child out of daycare. My job won’t let my come back unless I am free from restrictions and free from doctors’ care. If I do a settlement case with my job and workers comp how much do you think I'll get? Because I am so far in debt and now I have to go to court over the apartment I just lost. and yes i do have a lawyer but it seems as if he can’t do anything either. workers comp wont communicate with him or email back they won’t correct my amount or back pay me so I'm like what do I have a lawyer for again?

Can I sue my employer if I was injured at work after several months?  I got hurt while working at a company. They treated me for tendinitis and kept me working under lifting restrictions. Seven months later they found an almost 2 inch tear in my rotater cuff. I had surgery then physical therapy for 5 months. After about 3 months of progress at PT I started having severe pain. I returned to the doctor and was put on an anti-inflammatory. I am still currently taking them. A few months prior to having or even knowing about the surgery, I had plans to move closer to family. I had asked my job if my injury would affect my transfer, I was told 'no not at all' they even helped me put in the transfer request. I recently made the move from Pennsylvania to Nebraska. I am now being told that I am non-transferable. I have been with this company for over 3 years, had an excellent annual evaluation, and did everything they asked up until the move. Due to the continuous inflammation and pain, I'm unable to do previous jobs or personal tasks. Do I have a case? Could I sue for continued medical care or a settlement?

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