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Newbie Needs Insight - Over My Head - auhunter - 03-14-2012

Idaho Case

I have a fairly complicated scenario and I'm wondering if anyone has any insight.

I'll try to make this concise. I'm a bit over my head. I doubt I'd need an attorney but don't know where to find the information I need either. I've googled it to death.

College grad, laid off, now trying to change careers. I took a 3-4 week temp job through a staffing agency to bridge the gap until I started a F/T position as an EMT in early April. Broke my ankle in 2 spots my first week on the temp assignment after falling from an elevated position while working. Orthopedic surgeon is contemplating surgery but is waiting for CT Scan.

The job I was slated to start in April was a F/T position as an EMT. I had already completed my hiring paperwork and W-4 prior to even starting the temp assignment.

Because this injury will prevent me from working as an EMT and because I was already hired but hadn't yet started, can I make a claim for compensation based on the fact I'll no longer be able to start the EMT position as planned? I'm hoping the EMT agency will hold the position for me but at this point it's a toss up.

Is this worth pursuing or do I just chalk it up to bad timing???


RE: Newbie Needs Insight - Over My Head - 1171 - 03-14-2012

if there is an exception to the usual average weekly wage computation that would allow modification for future earnings, it would likely be supported from case law.
while a atty specializing in workers compensation would likely know if there is such a legal precedent, you could also contact the Idaho commission here
http://www.iic.idaho.gov/bottom_navigation/contact.html

whether it is worth pursuing depends on the weekly wage difference and the duration of TD and PD.



RE: Newbie Needs Insight - Over My Head - darrinb - 03-14-2012

(03-14-2012, 06:55 PM)auhunter Wrote: Idaho Case

I have a fairly complicated scenario and I'm wondering if anyone has any insight.

I'll try to make this concise. I'm a bit over my head. I doubt I'd need an attorney but don't know where to find the information I need either. I've googled it to death.

College grad, laid off, now trying to change careers. I took a 3-4 week temp job through a staffing agency to bridge the gap until I started a F/T position as an EMT in early April. Broke my ankle in 2 spots my first week on the temp assignment after falling from an elevated position while working. Orthopedic surgeon is contemplating surgery but is waiting for CT Scan.

The job I was slated to start in April was a F/T position as an EMT. I had already completed my hiring paperwork and W-4 prior to even starting the temp assignment.

Because this injury will prevent me from working as an EMT and because I was already hired but hadn't yet started, can I make a claim for compensation based on the fact I'll no longer be able to start the EMT position as planned? I'm hoping the EMT agency will hold the position for me but at this point it's a toss up.

Is this worth pursuing or do I just chalk it up to bad timing???

I think that you should contact an attorney and ask questions. It will not cost anything to ask. Worker comp can be confusing and asking a professional will not hurt.


RE: Newbie Needs Insight - Over My Head - jayc123 - 03-15-2012

definately contact an atty. its free and theyll tell you what to do