Help! Need advice on how law works for termination from insurance benefits (workers disability)?
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Ok so I have a question to ask you all about the law for insurance company benefits cancellations. (I hope this is the right category). My bf has been receiving benefits from AIG for a work related injury for 5 years. There has been numerous problems from the get go, like when he was working he got hurt on the job and they denied him workers comp saying that they already had too many people out on it. He also had to leave work for a bit to get surgery from the accident that happened at work. While he was out they terminated him. It took him a bit but they finally put him on their insurance, and he started getting benefits from AIG. They told him that he would be able to stay on it as long as he needed to. He was also told that when they got raises at his old job he would also get the raises, which in all this time he has not gotten one, but the workers have. It started out ok for a little while, then all of a sudden he started getting his checks later and later. Started out a day or 2 and then sometimes it would even be up to 13 days, he only gets paid once a month. Then they started giving him more trouble with constantly needing to fill out paperwork (this is recently) seems like every month. They would not tell him this or send him any paperwork, he would call them up (as he has to do every month) and ask when his check was issuing and why it hasn't yet and they would say they don't know, try back tomorrow or whatever. He would leave messages with his case manager and she wouldn't call him back, finally after days from when he was supposed to get his check, they would tell him he has to fill paperwork out, and his check was on hold because of it. They never sent him this paperwork or told him when he called numerous times, just finally after like 10 days from when he was supposed to get his check. So he did everything and he called to make sure everything was all set and they told him yes it was. Now this month (as usual) he waited for his check and of course nothing, which wasn't cause for concern. He called them up and they said no it hasn't been issued yet, and they transferred him to his case manager so he could leave a message (which she never gets back to him anyways). Finally today, he spoke with his case manager and she said oh yeah you have been terminated and you won't be receiving anymore checks. We sent you out a paper on Aug 2, which was a load of crap, as we always check the mail and get everything here (we always get the check stubs). She said you can appeal which is in the paperwork (we don't have). He has been through so much crap with these people, and now he is screwed, as he doesn't have any income now. They didn't give him any notice about this and waited days after his check was supposed to have been issued to tell him. My question is, is this even legal? My thoughts were always they were supposed to give you an adequate notice, so you could prepare for this and have enough time to appeal. I think the reason he was terminated was he didn't do the paperwork right to their guidelines to make him seem disabled enough, which is ridiculous because he is. Plus his old doctor which he used to see,(doesn't see anymore), put in his reports that he was working which he has not, she was an idiot.But he told them he hasn't worked, obviously they can check themselves and see he hasn't. Even if he could work, there are virtually no jobs in the small state we live in. He has to get a lawyer, which I've been telling him for awhile now, but it has been hard as he has called some and he can't seem to find one or they all want money up front. So another question is does anyone know of a lawyer that could represent him that gets paid when you get paid at the end? There are just so many different issues here that need to be addressed. Because of his old employer, he cannot work, his back is severely messed him (its noticeable) and he virtually has no shoulder left. He has always done right by the law, and when he worked, he worked his *** off, better than anyone ever did, he's just kind of shy and passive and he doesn't speak up for himself, which usually leaves him screwed in the end, especially since he's always helping everyone else and they **** on him. So I know this is kind of long, and I'm sure most won't read it all (can't blame you lol), but what should he do? Is this legal? Lawyer recommendation? Thank you so much all, and I would like some answers that aren't sarcastic.
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Answer:
I am totally confused with your question. Not sure if he was receiving WC or long term disability from his employer or both. WC is mandated by law in the state where you work. For an employer to state that while he was injured on the job, cant file a WC due to too many people out on WC claim makes no sense, since if injured on the job, they must file WC. To question the doctor that stated he had been working when he wasn't, means that your BF told him he had been working, otherwise, she would not have noted in her report. Your BF needs to consult with a lawyer, most likely a WC lawyer to find out his legal rights. Most lawyers will give you 1 free consult and most WC lawyers work on "contingency" meaning if you settle, he gets paid when you settle. But if he has previously settled with them on the WC, then they may not want to take his case. But in any case, call 1st to see if they will give you 1 free consult and at that time he will need to make an appointment in PERSON, with all of his documents for the lawyer to review. Or he could be eligible for social security disability due to his back, but most likely since if he in fact has no shoulder left, would be the main consideration. He needs to do all asap, since if they terminated him and are they are holding checks, may find that he will have NO more checks at all. good luck
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