Visitor Question

Misinformation after partial amputation at work?

Submitted By: Richard (Sunray, Texas)

I got injured at work which resulted in a partial amputation. My employer did not file a workmans’ comp claim, my wife and I did. I started with one adjuster who gave me certain information, and now I am with another adjuster who is saying something else.

My first adjuster told me about a lump sum, and the second adjuster said I had to be employed for 90 days. I went back to work, got suspended, then got a trespass order. What am I supposed to do here? Is my employer responsible for covering my medical bills and treatment? Can they give me a trespass order? This all seems underhanded.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Richard,

The factors you present paint a complex scenario. Conflicting statements from adjusters at the workers’ compensation insurance company are inappropriate. You deserve a straight answer.

You have two viable options:

First: Contact the workers’ comp adjusters and tell them you want to speak with a supervisor. They can’t deny you that request. Explain to the supervising adjuster you have received conflicting stories regarding your claim.

The supervisor will likely speak with the adjusters and review your file. Once that occurs, you will be contacted by the supervisor with a response. If, at that time you aren’t satisfied, then go to the second viable option.

Second: Contact a workers’ compensation attorney. Most don’t charge any fee for an initial office consultation. Moreover, the attorney who represents you will not receive a fee until, and unless, he settles your claim (or wins it at an administrative hearing).

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 15, 2014

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