Visitor Question

Fired after head injury…is this legal?

Submitted By: Lyn (Hawaii)

I was injured on 3/25/2013. While cleaning the bathrooms, a prop ski fell on my forehead. I was placed off work by my doctor and I have not been back to work since the date of the accident. I am still awaiting further medical treatment. I was recently fired from my job. I received my letter of termination on 10/13/2013 by certified mail because it was sent to the wrong address.

The insurance company denied my request for my medical treatment, is that illegal? And does this qualify as a wrongful termination? Any insight you can give would be much appreciated. Thanks.

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 Lyn,

Presuming you are talking about a workers compensation claim, the insurance company may have denied your claim after an investigation of the underlying facts. The insurance company had the right to deny a workers comp claim if they found the injury was not work related, or the underlying facts weren’t sufficient to connect your injury with the incident.

Don’t despair. You are still well within the statutory period for contesting the insurance’s company’s denial. You can do so by contacting the State of Hawaii’s Disability Compensation Division. Their office hours are Monday through Friday, 7:45 am to 4:30 pm, except State holidays.

Their address is:

830 Punchbowl Street, Room 209 Honolulu, HI 96813.

Their mailing address is:

P.O. Box 3769 Honolulu, HI 96812-3769

If you don’t want to pursue your own appeal you can consult with a workers compensation attorney. Most will not charge for an initial office consultation. If you can find an attorney to accept your appellate claim you will not have to pay and legal fees until, and unless your attorney is successful.

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: November 21, 2013

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