A friend of mine was working a while back for a home health care company. While on the job doing the basic tasks assigned by her employer she tore her miniscus in her knee. This resulted in over a month of doctors visits resulting in a serious surgery finally the end result which she is now unable to work and at home in a leg brace. She contacted the job the day after she first went to the hospital because of it. They have been blowing her off since. I am curious, even though it's a month later and she had changed jobs, because she was hurt on the job there and they did NOTHING for her. Can she file a law suit or something with them to get some help? And to hopefully even stop this kind of stuff from happening to someone else??
Answers:
Yes, she can file a lawsuit and this company can also get into trouble for not reporting this incident. My advise is to get a worker's comp attorney. They usually work on contingency so there's nothing up front - they get a certain percentage IF they win.
here's a good place to start for education and to help you find an attorney:
http://www.workerscompensation.com/worke...
This would be a worker's compensation case. Get an attorney quickly, make sure their fees are based on your compensation, and that they are fair in comparison to other attorney's fees. Talk to more than one attorney, and get their fee information. They usually take a percentage of whatever your compensation is, and they should take your case free initially, then they get paid on condition of winning in court/settlement.
In the USA you can sue for virtually anything. Remember the little old lady that sued for Mickey D's coffee being to hot after she spilled it on herself? She even freakin' won!
In this instance you should a little research on the US department of labor website or call them 1-866-4-USA-DOL
Also, depending on which state it happened in any complaint or reimbursement process must go through that states department of labor and possibly it's courts.
And this person retained another job shortly after... it may complicate things...
Finally for legal purposes, I must state that this is just informational and connot and should not be construed as legal advise.
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