injured worker and no help

Author Subject: injured worker and no help
linda rousseau Posted At 17:30:29 07/05/2001
My husband fell 24 ft onto concrete and steel off a scoffoling. That was in 96 and he still has 3 hernia discs. Nerve damage and trama injuries. We just found out he has brain damage too and the insurance company is trying to say it didn't happen on the job. Also won't do anything for the pain or depression from pain everyday and no work. I'm working 3 jobs just to make ends meet. Hasn't gotten a work comp check in 2 1/2 years. Can't find an attorney who will take our case and really fight. Anyone have some advice? Thank you Linda
Retired Re: injured worker and no help (Currently 0 replies)
Posted At 16:12:45 07/06/2001

Linda if your husband was a contract EMPLOYEE/temp ECT:
And the scaffolding was not up to code..! Example: Tie yellow ribbon around
the old "TOP post...! INSTEAD OF "BOARDS" OSHA approved standards..! Employer will look
@ you like W/O saying have fun trying to sue me for GROSS Negligence. I did not build it or tell you to get on it. FACT is this "maybe" your husband knew if he
did not get on it he would get fired????.! (NO WIN SITUATION)????


P.S. Either way the "FORMAN" / EMPLOYER would have to like your husband,
sorry fact of "LIFE", also your HUSBAND should have or in this case nicely, ask to get checked out. Then proceed with
caution if the employer thinks, "that's right" "THINKS" your out to screw them, "CLAIM IS "HISTORY" documentation with the doctor you might get LUCKY..!
"BUT IF STUPIDITY WAS
YOUR HUSBANDS FAULT" sorry your EMPLOYER will not help..! (won't even start the documentation part)

P.S. Behind your back the EMPLOYER depositions, FORMAN, & EMPLOYEES about
what happened sorry if nobody likes your old man...! down the road again..!
not to make fun that's life...!


P.S. Gross negligence is hard to prove, "IT WOULD HAVE TO CRAWL UP THE CHAIN OF COMMAND" most of the negligence would stop @ a forman or
another employee or yourself. You would have to video tape your life on the job everyday & catch THE "EMPLOYER" in a "SCAM" or telling off another Employee. Ya! right like
BILL GATES "HIMSELF" IS going to tell off (1) of his employees, get screwed,! try maybe the "forman" not the employer.! "WORDS" are the "key"


P.S. EMPLOYEE CAN NOT SUE "EMPLOYER" key fact: they really are
"EXEMPT" unless you can prove gross negligence. Now stop and "think" what
about all those REGULATION's they print, Employer this, Employer that, aren't
they responsible for my INJURY" No! guess again..! BOTTOM LINE IT
is really a freedom of choice on the EMPLOYERS side, they will take their chances
if they know your @ fault...! SAFETY & honesty play a big roll in this..!
"NO FAULT" is a totally bogus word so the employer gets the facts they need while
you believe you will get treatment anyhow..!



P.S. But you can sue a third party..!

Retired Alaska has limited help the State of Alaska is for the (OIL CO. & CONTRACTORS EMPLOYER your husband will be lucky to get anything in that state (Currently 0 replies)
Posted At 14:41:16 07/08/2001

Workers comp insurance laws for Alaska
Workers comp payments
Percentage of wage a worker will receive while on disability (temporary or permanent): 80 percent of worker's post-tax earnings
Temporary disability
Maximum period a worker can receive payments while on temporary disability: Until date of medical stability

State mandated minimum payment per week: If 80 percent of the worker's post-tax earnings is less than $110, the worker receives $110, or $154 if they show proof of wages. If the worker's post-tax earnings are less than $110, the worker receives their post-tax weekly wage.

State mandated maximum payment per week: If 80 percent of the worker's post-tax earnings is more than $700, the worker receives $700.

Permanent disability
State mandated minimum payment per week: If 80 percent of worker's post-tax earnings is less than $110, the worker receives $110, or $154 if they show proof of wages. If the worker's post-tax earnings are less than $110, the worker receives their post-tax weekly wage.

State mandated maximum payment per week: If 80 percent of the worker's post-tax earnings is greater than $700, the worker receives $700.

How a physician is chosen for workers comp claims
Employee selects physician.

Can a worker waive his or her right to workers compensation?
Yes

Is there a workers compensation fund managed by the state?
No

Self-insuring workers comp
Can employers self-insure on their own?
Yes

Can employers self-insure through groups of employers?
No

Other state workers comp insurance guidelines
Workers comp benefits are subject to offsets by Social Security benefits, and by any previously awarded benefits for permanent partial disability.


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