Legal Question in Personal Injury in Ohio

On behalf of my children..

I slipped on a wet floor at work and fell... there were no wet floor sign posted. I dealt with BWC and ended up having to withdraw my claim and get an attorney to help re-file.It's been 11 months since the lawyer has contacted me. My employer fired me for being off after the surgery for the injury(attorney advised me to bill surgery to my health ins.since BWC denied my claim...I did, but my health ins. refused to pay saying it was a work injury, so I am stuck with the bills) and the nightmare continues.

My Q is this...I am a single parent to twins. Can my children file something against my former employer for some kind of compsenation for the impact this has had on them? Can my parents do anything to reclaim the financial burden my injury has caused for them? My family has suffered thru this ordeal...I know I am stuck since I'm dealing with BWC, but I just wanted to ask about the deep impact this has had on my family. Thank you.


Asked on 6/20/06, 2:28 am

2 Answers from Attorneys

David Davies Law Office of David H. Davies

Re: On behalf of my children..

BWC Claims are sometimes straightforward and sometimes very sticky. Yours has become sticky! It is good that you have an attorney on the claim. If you have not heard from your attorney you should call and give the attorney the opportunity to explain things for you. As for your medical bills, you should not be stuck with them. It is either a worker's comp claim and the BWC pays or it is not and your health insurance should pay!

Try to get in touch with your attorney-If your attorney won't respond you certainly have the right to call another attorney. There is no charge for tel. calls on these types of cases so you should feel free to call.

I can not tell you much about the validity of your claim or a claim by your family without more information. Such as-were you a permanent employee? were you working through a temp agency? Where did the fall occur? were you at the employer's place of business? What type of work do you do?

Good luck and feel free to contact me if you can not get answers from your current attorney.

DHD

Justice Is No Accident!!

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Answered on 6/20/06, 9:29 am
Eileen Joyce Baughman & Joyce LLC

Re: On behalf of my children..

You (but not your children) may have a claim under the Family and Medical Leave Act if (1)your employer has at least 50 employees; (2) you worked for the employer for at least 1250 hours over the 12 month period immediately preceding the injury; and (3) your termination was related to your taking time off for medical treatment. If you were fired after filing the workers' comp. claim, you may also have a cause of action for retaliation. Both of these claims are entirely separate from WC and would be brought in court-not in the BWC. I strongly urge you to question your attorney about whether either of the foregoing may apply to your situation.

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Answered on 6/24/06, 8:39 am


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