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Family member injury at work

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tallgease

Junior Member
What is the name of your state (only U.S. law)? Georgia

My mother has a cousin that was injured at work about 20 years ago. Not too long ago she started helping him with correspondence to the insurance company for compensation. I know that sounds strange. Its a strange case. This is his story. He was injured at work (working as a longshoreman). The nature of his injury was one that he was unable to work again. I remember as a kid his hand has some kind of problem, and he was unable to use it. After the injury he was suppose to be compensated, but he was under mental guardianship to his mother after the injury took place. While under mental guardianship he did not receive his compensation check at that time. This happened because his mother did not provide proof that he was under her guardianship (she was about 70 at that time). Little to say, the insurance company held the check. Eventually the check was given to him about 20 years later.

Currently he is in his 70's. Yes this happened when he was in his 40's. After he received his check he went to court seeking interest for the 20 years that the check was held, but he did not have a lawyer when he went to court. The insurance company did have a lawyer and it scared him somewhat. The judge granted him a continuance. I told him that he should probably talk to a lawyer, not sure if he will, but he has question about his rights and the amount of interest he should receive. I think that the insurance company offered him a check for interest, but he thought it was too low of an offer. I do not know what amounts the offer or the compensation checks were if you need those amounts. Originally he asked me to research to find if there were any laws that guaranteed that he should receive interest. I only found that there is penalty for insurance companies in Georgia on late payments after 15 to 30 days of claim I think. The rate was 15 - 20%. I am not sure if that is right or if it is even valid to his case.

Any advice for him would be helpful?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Georgia

My mother has a cousin that was injured at work about 20 years ago. Not too long ago she started helping him with correspondence to the insurance company for compensation. I know that sounds strange. Its a strange case. This is his story. He was injured at work (working as a longshoreman). The nature of his injury was one that he was unable to work again. I remember as a kid his hand has some kind of problem, and he was unable to use it. After the injury he was suppose to be compensated, but he was under mental guardianship to his mother after the injury took place. While under mental guardianship he did not receive his compensation check at that time. This happened because his mother did not provide proof that he was under her guardianship (she was about 70 at that time). Little to say, the insurance company held the check. Eventually the check was given to him about 20 years later.

Currently he is in his 70's. Yes this happened when he was in his 40's. After he received his check he went to court seeking interest for the 20 years that the check was held, but he did not have a lawyer when he went to court. The insurance company did have a lawyer and it scared him somewhat. The judge granted him a continuance. I told him that he should probably talk to a lawyer, not sure if he will, but he has question about his rights and the amount of interest he should receive. I think that the insurance company offered him a check for interest, but he thought it was too low of an offer. I do not know what amounts the offer or the compensation checks were if you need those amounts. Originally he asked me to research to find if there were any laws that guaranteed that he should receive interest. I only found that there is penalty for insurance companies in Georgia on late payments after 15 to 30 days of claim I think. The rate was 15 - 20%. I am not sure if that is right or if it is even valid to his case.

Any advice for him would be helpful?

The best advice you can offer your loved one is to get a consult with an attorney.
 

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