out of work out of luck

[papawarren38]

What is the name of your state (only U.S. law)? GA

I got injured on the job about 6 months ago. I am still under a doctor's care for 3 herniated disks in my back. My employer has never had worker's comp insurance, so he was paying for my medical bills out of pocket. Last week I got laid off after 13 years of employment. I have never been paid time and a half. I can't find another job because of my injury. I don't know if my ex employer plans to keep paying my medical bills because he does not return my calls. Is there any way I can sue him? If not for worker's comp, then can I sue him personally? I am in a lot of pain and the doctor tells me I am at risk of paralysis. I have no idea what to do or who to call. can someone help me?

[lya]

Somewhere, my first reply may show up. I certainly isnt' here. Anyway...

Consult with an experienced personal injury attorney who has experience in workers comp, also.

Do not neglect your spinal symptoms. Regardless of the legal viability of your claim, you cannot sit or lie around and become paralyzed. Low cost, non-invasive measures such as at-home traction may relieve your spinal symptoms and prevent further damage. Do not let costs keep you from seeking proper care.

By paying for your medical care, it is possible that your employer has admitted liability or established himself as being responsible for your medical bills. You need an attorney to determine this.

Your employer may have been required to have workers comp and did not have it; you need an attorney to determine this, also.

In workers comp cases, the employee's only recourse is worker's comp; no suit for liability and damages is allowed. In your case, where there is no worker's comp, you may be able to sue for damages if the employer's negligence caused your injuries. If the injury(s) occurred without the employer's negligence, I believe your claim will hinge on the employer's actions of having paid for your medical care up until the time your employment was terminated. (laid-off implies an expected return to work when production needs increase; being terminated means the employment has ended, permanently.)

Best wishes,

[ecmst12]

It was not illegal for you to be laid off, though. Even if you qualified for FMLA, the longest he was required to hold your job for was 12 weeks. If you are looking at a much longer period of disability, you should look into filing for SSDI. You won't be able to collect unemployment so long as you are physically unable to work.