how does a workman comp attorney win a case for his client who claims stress at work is making her unable ill?
91482
That is a tough case for a workmans comp claim.  If you are serious you could file in a small claims court.  I bet you don't have enogh evidence to back your claim up though.  What you really should do is get over the old job and get a new one that you might like.  However, you probably will never be happy with any job.
901645
You know what, I think this is a very easy question to answer. \nGo to companies that are fairly medium to large size, and ask them if they would be interested in letting you host a session on stress. Maybe you could call it, stress in the workplace, or something like that. I have visited some of these at my job I have been at for 10 years, and they are helpful, and many people do show up. Otherwise, find out if you can partner with an insurance provider who provides insurance to businesses. They may be able to partner you in, and keep you permanently, and then you could work for them, and they could tell you where to go to do your sessions.\nGood luck to you. ps...I just read an article on Tyler Perry, where he went from being homeless to a millionaire. He was determined to become successful, with his playwrights and he suffered for it, but he finally made it to the top. It is not about winning, it is about doing as much as you can for yourself on your own, with God's help, and making it. I believe He blesses you for your hard work.
997216
I feel for you.   I have handled multi-state claims, and claims for some of the tribes in the sovereign indian nations.  I know that all or most of their workers comp claims are handled this way  - - When a worker becomes injured, the claim is governed by the sovereign indian nation - period.  You have NO recourse or avenues via the State Workers Comp Board - probably this is WHY you are not able to find an attorney who will take your case.  From what I remember, your avenue of "appeal" is via the Tribal Elders or Tribal Counsel.  \nOn another note, when we opened the claims for those workers, we would apply "most" of the laws and rules in the state that had jurisdiction over the claims.  \n\nNOT sure HOW you were injured.  IF your injury was caused by negligence on the part of the place where you worked, you may be able to file a lawsuit - either by "tort" or "premises liability".   \nIF you decide to go that route, I would highly recommend retaining the services of a lawyer who SPECIALIZES in tort and liability claims. ALSO make sure that the attorney has a good working knowledge of workers comp.   But the PRIMARY qualification under THIS scenario would be tort & liability. \n\nI used to work with an attorney who worked on the reservation, but I lost touch with him.  \n\nIf you want to try your luck in an open Forum discussion, I noted that http://www.Prairielaw.com  is good & they have attorneys who may be able to help.  \nIf you want workers comp resources check out http://www.GettingWorkersComp.com \nThey have all kinds of stuff.  \nGood luck.    \n\np.s. - I posted a question about a "workers comp rally" could you please do me a favor & post a comment about what you would want at such a rally.  Thanks much.
1140699
Perhaps you can tune us in as to what mistakes the hospital performed. Was it the physicians, the nurses, the structure of the building? You see, some lawyers are offered plenty of money to keep their mouths shut. My father tried suing a company who almost caused his death. All I can say is money that slid under the table did not cause the court to rule in his favor. His lawyer wasnt the best guy out there either.\n\nMy advise to you is hold on to that determination. Go to court, if you feel your case needs to be heard again appeal. If it closes wait a while and then re-open it. Whatever you do though, DO NOT GIVE IN, DO NOT GIVE UP.\n\nI hope you resolve this matter successfully.
537147
This sounds like a problem that needs law enforcement to follow through with a criminal charge.   I do not know anything about where you live, but it seems to me that there are social services in everystate who will help you recover from the abuse.  Suing someone doesn't always mean a victory in court nor does it mean that you will be healed of your personal pain.   a good therapist can help you work through your pain.
855360
FMLA only applies to companies with 50 or more employees within a certain mile radius so you may not even be eligible. You also get time off with your position preserved for you, but no pay while you are on leave :-( You may however, appeal the denial of your claim and win. Most cases that go to hearing resolve in favor of the claimant,not the insurance, although adjusters may not necessarily want you to know that. I strongly suggest getting a worker's compensation attorney to represent you. You have many many rights and payments are pretty hard to deny, particularly with a diagnosis from your doctor which carries more weight than one from one of their hired MDs (independent medical examiners(IME) )although often times adjusters will and people give up without a fight thinking that the laws are in favor of the insurance. They are not. I worked for the insurances, and specifically worker's compensation,hence I am truly not steering you wrong. You need an attorney to deal with these people though. They are aggressive, don't want to pay, and you need a lawyer that will be equally  aggresive on your behalf. Many of these attorneys can be found under disability law in your phone  book.  Fight for your money! If you do, you are likely to get it :-)Best of luck
136435
Oh my gosh, did you work at the same place I did?  Your story sounded exactly like the situation I had.  Management and supervisory positions had changed at my work and from then on, the nightmare began.  The witch who rose to power was a narcissitic, egotistical backstabber who made it so unbearable for everyone. She continuously found it amusing to berate, belittle and degrade each and every employee in the company by telling us that we were underworked and so grossly over-paid (we all made more $$$$ than her). Someone who is in the psychology field said that this supervisor's had low self-esteem issues (she weighs close to 300 lbs.)and it is satisfying to her to put others down in order to feel better about herself.  She can't control her weight so she tried to control others.  Unfortunately, confronting this supervisor only compounded to the problem, as she could not take constructive criticism from ANY employee...and talking to the owner of the company proved to be useless, as he always avoided any type of problem or confrontation issue.  Since I did not have an advocate or anyone I could really turn to, the stress of going to work every day was taking it's toll on my health.  For peace of mind and sanity, I gave them my two weeks notice but did not burn my bridges upon my resignation. It is a good idea to have something lined up to go to, especially if you need the income and medical benefits.  You really don't want to be at the mercy of your current employer when it comes to recommendations or verifications.  Good luck.....
547136
They are protecting themselves before you come back to work.  Take advantage of whatever counseling is involved.  The worst thing you can do is stress out about the evaluation.   Try to make it fun or at least interesting.
515739
You should hae a caseworker at the State Worker's Compensation Office. Either look it up on Yahoo search engine or in the from of most telephone books under State agencies.
79034
emergency petitons for psychiatric evaluations are NOT an arrest.. nor are they availible for review by an employer.. the American Disablities Act prevents this.. and gives you ground for a law suit if it is used against you.. you do need to make your employer aware of your conditon.. \n\nif he fires you.. you will file a claim with the ADA.. chances are they will deny your claim if you didnt make them aware of your illness prior to employment.. after the ADA reviews this .. you will be given a "right to sue" letter.. (whether the ADA find validity in your claim or not-- you still have to go through this) \n\nonly after the proceedings with the ADA can you get a lawyer involved.. he will argue that you didnt make your employer aware of your illness prior to employment because they would have not hired you in the first place.. \n\nmany lawyers work probono and have a field day with employers like these.. \n\nbottom line.. mental illnesses such as Bipolar.. are a disabilty furthermore.. you may also be eligible for Social Security.. so you dont have to put up with narrowminded employers..
612828
I think you first must try to resolve the matter directly with the restaurant before you can pursue suing them.  Most businesses would be responsive and would pay your medical bills, maybe a little more.  But in order to sue, your injury must have been significant, or no lawyer would take the case on a contingency basis (for about 1/3 of your award.)  If you sued via paying the lawyer an hourly rate, you would be chancing losing that amount of money.
544331
Sueing the company you're working for never looks good on an employee unless you have a really strong case.  You might want to talk to your boss about some sort of medical comensation before even considering sueing.  Taking the matter to court should be your last option, especially when you have built a great relationship with your boss and have put hard work into where you are.  I'm sure someone in your company would listen to your case, as it does sound serious.  Things might be able to be handled much simpler without even taking it that far.
287012
I would take a hard look at all factors that keep you from holding a job.  Anxiety can be easily treated with medication and relaxation techniques, depending on how advanced the condition is.  Before you decide to take the "easy way out" and apply for ss disability, be aware this takes months.  They are looking for proof that other avenues have been tried and the anxiety you experience is a life-altering condition that may be terminal.  I know, because it has been over a year trying to get my husband disability for his bipolar--part of which is the manic state (anxiety at its best).  There are a lot of factors to consider.  And other jobs to explore.
916792
Given your background info, it is advisable for you to contact a lawyer who specializes in workers comp. You may have a case for getting some relief.\n\ncc
863566
You'll have to read the fine print in your contract. Your employer may reserve the right to reduce your working hours in certain circumstances. It also depends on the laws where you live.\n\nIf in doubt, go see a lawyer - preferably one familiar with labor law. An initial consultation shouldn't cost you more than $100 - or may even be free - and if your case is valid, they'll work on contingency (which means you don't pay unless you win your suit).
927336
you usually don't get much money, because of work comp , but make sure all medical is taken care of for the rest of your life, by having the claim remain open with the insurance co , the the employer has for work comp , it takes alot of fighting in court with your lawyer and thiers ,i'm talking years , i'm in the same situation with 3 work injuries , , and haven't got them resolved yet after 4 1/2 years  to date ,good luck , i hope you don't live in IOWA
1071276
Hello \n\nYou are in a very tricky position here. The first obstacle concerns the actual rape by someone little older than yourself at the time.  In those days he would have been regarded as a juvenile for court purposes had you contended the case then. Today some 19 years on you obviously still have some grief to share, hence placing your issue here. I will say this I am not sure whether the internet is the place for you to share your grief. The quality of the answers very much a case of posing a question or issue for some kind of rough justice. From which you may draw the wrong kind of support.\n\nThe thing is you need some balance in your life which comes through family friends and loving relationships. However having this grief and anger about your personage will affect any personal one to one relationships you might desire to have,. this is not to mention your work situation and  that of your mums contact with the mother of your abuser.\n\nI think the right source of action for you would be to seek the help of a counsellor.  I know this sounds drastic but just airing your thoughts and anger with someone who is trained to listen and not biased should help tremendously. There should be a self help directory available in your local library or maybe your GP surgery has some counselling services. \n\nYour employment in this situation has been your tormentor and reminder,  maybe after having some couselling you should sit and talk things over with your mum. Gain her support especially if you should decide to eventually have this all out in the open. This is not always a good idea.\n\nI presume that you have had this job for less than two years and would not qualify for any redundancy rights, you are in a position therefore to resign if you want to in accordance to the way - in which you are paid. Ie, weekly paid a weeks notice, fortnightly paid a fortnight and so on.\n\nMeanwhile try not to get emotionally involved in any arguments or debate with the mother of your abuser as after 24 years this could be as big a shock to her as the loss of the friendship has also been put assunder. \n\nGood luck with any counselling you seek.