Legal Question in Employment Law in Utah
Employer Refused Medical Attention After Requested
My wife was injured at work while performing her job and on the clock. When the manager, general manager, and store owner were informed of the injury they refused to get her assistance or allow her to be taken to the hospital for 1.5 hrs. also refused to file a first notification of accedent or injury with the state. The refused to fill out paperwork from the hospital and us concerning the incident, and refused to give us worker comp insurance info. After 3 days I called owner and informed them that they need to file a claim and they said they would not until I informed them that they were required by law. Should I seek legal assistance?
2 Answers from Attorneys
Re: Employer Refused Medical Attention After Requested
You will probably need the assistance of a lawyer. If the company had workman's compensation insurance, there should be a poster in a place regularly visited by employees (break room, time clock) which identifies the workman compensation carrier. Contact them. If no workman compensation information, take your wife for the appropriate medical care immediately. You will be able to sue the employer directly.
The purpose of workman's compensation insurance is to protect the employer from lawsuits by its employees. If workman compensation insurance has been purchased, the benefits under the policy are the only remedy allowed to the employee. So the only reason the employer refused is because it must have a large number of claims or it does not have insurance.
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Re: Employer Refused Medical Attention After Requested
Yes, you should definitely seek legal assistance IMMEDIATELY. Look in the yellow pages for an attorney who specializes in worker's compensation cases. The attorney typically will not charge anything up front. Good luck!
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