Husband Lost His Job...

Updated on January 27, 2008
J.C. asks from Santa Rosa, CA
8 answers

So this is a weird question.

Should I and do I have any right to persue legal advice...

My husband worked for a large local hospital in town here. Well on the job he injured his back. He went and had it checked out by the hospital's worker's comp doctor who wanted him put on disability afterwards. They then sent him to a specialist, who said that anyone in his field would be at risk for back injuries and cleared him to go back to work. Then he talked to the first doctor again, and he said he'd have to talk to the specialist becuase he didn't believe my husband should go back to work. A few days later he was declared unable to work.

So without any notice really at all, he was shipped out. They paid him a week's extra pay and he's been receiving his saved vacation pay to make the difference.

The insurance company sent him a check for around 4K. The lady said he could get up to 14K. (we havn't seen the rest).

He's receiving disability, but aparantly theres another claim on him..? and they are cutting it in half. He's not sure whats going on and neither am I.

Now, my husband is unable to find a job. He's been in the same profession for 11 years, and unable to do patient care anymore, he's kinda stuck. No one wants him for receptionist type work becuase he has no experience.

THIS REALLY SUCKS.

So my questions are, should I seek an attorney. Do we have any right to more money from the hospital. Aren't they supposed to find him another job, since he was injured? Don't they retrain him if necessary? What are our legal rights... I have no idea on this stuff.

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So What Happened?

I have contacted an attorney that specializes in workers compensation... We have a free consultation with him next friday. He get's paid the 15% of the monetary value of whatever we settle on. so there is nothing coming out of our pocket now. So we'll see what happens and maybe we're entitled to more.. and maybe we're not.

More Answers

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L.S.

answers from Bakersfield on

I am not very up to par with all the legal laws either, but I would definitely pursue it. I would think you would have a right to more. I am not really sure how it all works either but you could definitely talk to an attorney. Normally they will give you a free consult, let them know everything that is going on and they should be able to tell you whether or not you have anything to pursue. If you are supposed to be getting 14K and you arent, then you need to go after your money that you atleast deserve if nothing else. I hope you get what you deserve and I hope everything works out for you and your hubby! Good Luck

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M.K.

answers from Chico on

If you're worried about the legal costs, you might look for a community legal resoursce that could advise you on what the law says and what your rights are. I would definitely recommend seeking legal advice. Don't know where you are, but in Chico, CA there's CLIC (which is an acronym for something like community legal informar=tion or something like that)at Chico State University. It's run by college students, but for the community at large, and it is free. Other universities might have the same sort of thing.

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M.L.

answers from Redding on

Have either of you thought of starting your own business? I am a consultant in a home based business that has a discounted start up kit this month. At first it won't pay what the hospital did, but it is better than sitting at home waiting for a job. Since you are an independent consultant you decide how much you want to work and get out what you put into it. Let me know if you are interested in more details.

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N.O.

answers from San Francisco on

Hi Jennie, You should speak to an attorney to understand your employment rights. If you are in need of one, contact me and I will refer you a great attorney for advise.

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M.S.

answers from San Francisco on

Absolutely seek legal advice!!!! I am 34 and injured my back at work 8 1/2 years ago. I was in the workers comp system for 6 of those years receiving treatment. I researched and learned a lot because I had to. My workers comp claim was also denied by the first doctor and should not have been. I eventually received all the treatments, surgeries, and care I needed (including all future medical care in my settlement), but I had to fight every step of the way to get it. You have to be very knowledgeable because the system is very difficult to navigate. Yes, they have to retrain you...but only if your case is approved as a work related injury. Talk to an attorney who specializes in workers compensation (and don't choose one off the tv or from the yellow pages). You should ask for a free consultation. They will be better able to advise based on your husbands injury, medical needs/status and his case particulars.

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M.S.

answers from San Francisco on

I agree with the good advice provided regarding seeking a legal opinion.

That said and done, you and your husband need to find jobs where you can work comfortably.

There are lots of resources available for job seekers. There are books in the library, free for you and it's great to bring your children along so they can find some books, too.

I have some useful links on my website at www.ourhrsite.com/resources.html. Some of the resources are local to the Silicon Valley, but others are available in other parts of the state or your local area.

Go to the EDD and talk with them about local resources.

And best of luck!

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E.Y.

answers from San Francisco on

This happened to my niece. She was in patient care and injured her shoulder. She did get a lawyer after her employer became uncooperative. Her employer paid for her medical expenses and were responsible to retrain her for another job (I don't know about finding one for her though). I'd get a lawyer or, at the very least, threaten his employer with legal action to get some results.

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B.F.

answers from Modesto on

The only thing I can say is call the labor board and talk to them, I believe that is free. Also if work conditions are poor and that caused his injury I would call OSHA also. Good Luck and Im sorry this has happened to your family.

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