Is it legal for a company to file a Workers Comp claim for the employee without their consent or knowledge?
This person is my best friend and doesn’t have internet. Management let the building get too hot and humid and many got sick. My friend and others tried to tell them they were getting worse. A couple months went and my friend had a severe allergic reaction. Friend had anaphylaxis earlier in life and said it felt like that. Friend now has even worse problems with rash and asthma. Allergy tests were matched with molds found in building. Company takes no responsibility and tells friend to come back or get fired. Friend found out about WC when denial letter was received it was several months later before illness and workplace were connected by environmental and medical tests. Friend has no money for Attorney but has family. I’ve seen my friend suffer with breathing problems, burning and can’t even go outside, stress is unbelievable, also developing sensitivity to some foods. Friend had anaphylaxis from penicillin earlier in life. Any good info would be appreciated.
If your friend has a legitimate case a workman’s compensation lawyer will represent him on a bases that the lawyer will get a percentage of the settlement. If the lawyer does not think he has a case then he will want money up front.
There are NO FEES in a comp claim for consultation, and IF there is
no settlement/award, there are still no fees. Get a Dr to issue a
report the injury/illness is in FACT job related. That is the first
issue you have to prove. WC is no fault, but you still have to
prove you are eligible for the benefits requested. It would be
standard for the ER/IC to deny the claim… thats’ what they
do…it’s the job. If an atty doesn’t see merit in a claim, they
won’t take it in the first place… atty don’t, can’t ask IW’s for
money up front. That is bad advice here.