T
Teresa Hendrick
Guest
What is the name of your state? West Virginia
My husband is a construction subcontractor who worked for various people. On July 1, 2004 he sustained an injury on the job (srpained ankle). He received treatment at our local hospital. On July 8, 2004 we returned to the ER because his foot had become infected. It was cellulitis. At that time the admitting nurse had me fill out a pink form. I realized about half way through that it was a workers compensation form and told her that he was responsible for his own medical bills because he was a subcontractor. In the care area they approached us again and we refused signature. The hospital sent us the original form which someone had written in the name of the company who suprevises the heavy equipment part. They also sent two other copies of the form at later dates asking for signature so it could be filed. We ignored the requests and figured they would drop it. They didn't. They filed the claim anyway and posted it against the company who was supervising the heavy equipment work there. The award was approved. We are not supposed to get this because technically my husband works for himself. Because of this admininstrative zealousness, the company overseeing the 'dirt" work on the job site has fired my husband and he is unable to get work with any company around here because of the claim. I have contacted WV Worker's Compensation Commission. I was told to write a letter detailing what transpired and to state that we wish for the claim to be nullified. This ia ll well and good, but him being off work for 17 days with the foot injury/infection and then being fired only two weeks after returning to work has left us in a financial delimma from which we see no escape. What type of law is this handled under??? I have contacted several attorneys and each referrs me to another stating that it is another form of law. It's not Workers Comp law; it's not medical malpractice law; it's not job descrimination law. I need some answers and I want that hospital to pay for the negligence of their employee for filing false paperwork to a state entitity. Please help me before we lose everything!!! We are facing eviction at the end of august.
My husband is a construction subcontractor who worked for various people. On July 1, 2004 he sustained an injury on the job (srpained ankle). He received treatment at our local hospital. On July 8, 2004 we returned to the ER because his foot had become infected. It was cellulitis. At that time the admitting nurse had me fill out a pink form. I realized about half way through that it was a workers compensation form and told her that he was responsible for his own medical bills because he was a subcontractor. In the care area they approached us again and we refused signature. The hospital sent us the original form which someone had written in the name of the company who suprevises the heavy equipment part. They also sent two other copies of the form at later dates asking for signature so it could be filed. We ignored the requests and figured they would drop it. They didn't. They filed the claim anyway and posted it against the company who was supervising the heavy equipment work there. The award was approved. We are not supposed to get this because technically my husband works for himself. Because of this admininstrative zealousness, the company overseeing the 'dirt" work on the job site has fired my husband and he is unable to get work with any company around here because of the claim. I have contacted WV Worker's Compensation Commission. I was told to write a letter detailing what transpired and to state that we wish for the claim to be nullified. This ia ll well and good, but him being off work for 17 days with the foot injury/infection and then being fired only two weeks after returning to work has left us in a financial delimma from which we see no escape. What type of law is this handled under??? I have contacted several attorneys and each referrs me to another stating that it is another form of law. It's not Workers Comp law; it's not medical malpractice law; it's not job descrimination law. I need some answers and I want that hospital to pay for the negligence of their employee for filing false paperwork to a state entitity. Please help me before we lose everything!!! We are facing eviction at the end of august.