Q: my fiance has been out of work since Sept 21st.
my fiance has been out of work since Sept 21st. He told his boss he was hurt on the job and he said let him know what doctors say and provide doctors note. Chris messaged the owner of company he's working for who he's known for over 25 yrs and his supervisor updates on his thumb all they sent back was a text that said “Dang”…. No Workman's Comp has been filed. He went to the E. R. The next morning because then it was bruised/hematoma then abscess that turned into Gangrene. He has his post op surgery appointment Tuesday. From the looks of it he's not ready to return to work.
We need money and fast he's our bread Winner. He's a licensed plumber and makes decent wages but no pay in wks and we are almost drowning. Not to mention we got evicted by a creepy slumlord while he was still in the hospital. Now we are in a new place where we pay weekly and rent is due come this Friday with no income. WHAT SHOULD WE DO?
A: I recommend filing a workers compensation claim with the office of workers' compensation against his employer. The employer has a duty to report and file a claim with his carrier within 10 days of having knowledge of the injury and accident. The employer also has the obligation to pay for your fiance's average weekly wage at the comp rate and pay for his medical care as required by statute. Since the employer has not paid your fiance any benefits as required by statute, he could be liable for penalties and attorney's fees (if you decide to hire an attorney to file the claim). I would recommend filing the claim as soon as possible or consulting a worker's compensation attorney for assistance in filing.
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