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Injured on new job
#1
My best friend was hired April 2015, Injured June 2015, had surgery last week for torn rotator cuff.  He works as a construction superintendent. New on the job, it was 4:30 a.m., there was a delivery of sheet rock, the other general superintendent said to wait for other laborers to do it but my friend said, no one was arriving until 7 am and the delivery guy wanted to leave... so he assisted the delivery guy, the sheet rock shifted and he grabbed it as it was falling off the cart.  The General Superintendent saw that my friend was hurt but never filed a report, plus since my friend was "new on the job" and the superintendent for the project he didn't report it either because he needed this job to support himself and his family.
Once the job ended, the company let him go "your services are no longer needed."  The poor guy was devastated. He was working 12-16 hour days, they wanted him to sleep at the jobsite to make sure no time was wasted.   Once the project was finished, he got a phone call while standing at the site, saying your services are no longer needed. By the time he got home 45 minutes later, Fedex arrived with his final paycheck    My question to everyone especially 1171, can he file a claim? Should he just get a WC Atty? 
Thank you for any suggestions/advice
Babebahn..."Tongues don't have erasers"
Injured 1999 3 level anterior cervical fusion 2001
Settled Work Comp Case 2006 w/ Lifetime Medical Currently, C7-T1 is being watched will possibly need surgery front/back fusion from C3-T2, lower back needs another facet injection.
 
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#2
what state?
when did he seek treatment?

he can file a claim.
if it's denied he can litigate and, if necessary, get testimony/statement of superintendent and/or delivery driver.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(11-17-2015, 01:05 PM)the 1171 Wrote: what state?
when did he seek treatment?

he can file a claim.
if it's denied he can litigate and, if necessary, get testimony/statement of superintendent and/or delivery driver.

California...
He received treatment about a month after injury but told the dr he did it at work or at home because he was new on the job. The superintendent told him he would not vouche for him because he didn't want to lose his job
Babebahn..."Tongues don't have erasers"
Injured 1999 3 level anterior cervical fusion 2001
Settled Work Comp Case 2006 w/ Lifetime Medical Currently, C7-T1 is being watched will possibly need surgery front/back fusion from C3-T2, lower back needs another facet injection.
 
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#4
he can always file a claim. the question is if there is a denial the chance of prevailing in comp court.
since the only evidence other then his own story is that of the superintendent and/or the delivery driver,
he will need their sworn statements. if they lie under oath, then it will be difficult to win.
post-termination claims need documentation of injury prior to the notice of termination.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
(11-18-2015, 12:53 AM)1171 Wrote: he can always file a claim. the question is if there is a denial the chance of prevailing in comp court.
since the only evidence other then his own story is that of the superintendent and/or the delivery driver,
he will need their sworn statements. if they lie under oath, then it will be difficult to win.
post-termination claims need documentation of injury prior to the notice of termination.

So if he files a claim, and gets some sort of written statement from the Delivery Person and a few of the other subcontractors...ok...but what about the fact that he told the Dr the injury happened at home when it actually wasn't?  He only said that to the Dr to protect his job and he said he mentioned it could have happened at work but thought it could have happened at home.
Babebahn..."Tongues don't have erasers"
Injured 1999 3 level anterior cervical fusion 2001
Settled Work Comp Case 2006 w/ Lifetime Medical Currently, C7-T1 is being watched will possibly need surgery front/back fusion from C3-T2, lower back needs another facet injection.
 
Reply
#6
the judge has to be persuaded by the evidence. he is the trier of fact and will judge which evidence is the most credible.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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