When Mental Status Delays an Injury Claim
Catastrophic Injury,FAQ,Personal Injury,Traumatic Brain Injury,Work Injury,Workers' Compensation - August 26, 2015 by Horwitz, Horwitz & Associates
Question:
Cleveland, Ohio is where my friends accident happen.
He was hit in the head by the mechanical iron and knocked unconscious, taken to hospital via ambulance.
He suffered a concussion and was never the same. When he went back to work his employer put him on another job. He had several blackouts and his demeanor changed. They sent him to Kaiser Hospital for a mental evaluation. He was ordered to take time off. He suffered a nervous breakdown and was mentally incapacitated. The hospital notified GM.
GM/UAW never filed a claim for him and he never was able to work again. He was institutionalized 7 times. He never got workmans comp. He retired total permanent disabled yet he receives no money other than his pension 16.2 yrs. He never received a settlement.
They denied he had ever been hurt. He finally was able to obtain his hospital records from the hospital which clearly indicates he was hurt at the plant by the mechanical iron. UAW never filed a claim and because he was mentally incapacitated 1st for 9 months he was unable to.
How can he receive compensation for this job ending head injury? A settlement? WC?
He was hit in the head by the mechanical iron and knocked unconscious, taken to hospital via ambulance.
He suffered a concussion and was never the same. When he went back to work his employer put him on another job. He had several blackouts and his demeanor changed. They sent him to Kaiser Hospital for a mental evaluation. He was ordered to take time off. He suffered a nervous breakdown and was mentally incapacitated. The hospital notified GM.
GM/UAW never filed a claim for him and he never was able to work again. He was institutionalized 7 times. He never got workmans comp. He retired total permanent disabled yet he receives no money other than his pension 16.2 yrs. He never received a settlement.
They denied he had ever been hurt. He finally was able to obtain his hospital records from the hospital which clearly indicates he was hurt at the plant by the mechanical iron. UAW never filed a claim and because he was mentally incapacitated 1st for 9 months he was unable to.
How can he receive compensation for this job ending head injury? A settlement? WC?
Answer:
Thank you for your inquiry regarding workers’ compensation. Clearly your friend has sustained a serious and permanent injury.
Our workers’ compensation practice is limited to cases arising under the law of the state of Illinois. Our attorneys are not licensed to practice in Ohio, which has its own unique workers’ compensation system.
A workers’ compensation claim may be heard in Illinois under any one of the following three scenarios: (1) where the injury occurred in the state of Illinois; (2) where the injured employee was hired within the state of Illinois; or (3) where the employment was principally localized within the state of Illinois.
Absent an Illinois injury, contract of hire or employment situs, your friend’s case does not arise under the Illinois Workers’ Compensation Act. We cannot give legal advice regarding your friend’s rights under Ohio law. Therefore, I would strongly suggest consulting with an attorney licensed to practice in the state of Ohio who practices in the field of workers’ compensation.
If you or your family or friends should ever find yourselves in need of our services in an Illinois case, please feel free to contact us at 312-372-8822 (Chicago) or 815-723-8822 (Joliet) for an appointment to come into the office and meet with one of our attorneys. There will be no charge for the initial consultation.
Thank you again for your interest in our firm. I wish you the best of luck.
Our workers’ compensation practice is limited to cases arising under the law of the state of Illinois. Our attorneys are not licensed to practice in Ohio, which has its own unique workers’ compensation system.
A workers’ compensation claim may be heard in Illinois under any one of the following three scenarios: (1) where the injury occurred in the state of Illinois; (2) where the injured employee was hired within the state of Illinois; or (3) where the employment was principally localized within the state of Illinois.
Absent an Illinois injury, contract of hire or employment situs, your friend’s case does not arise under the Illinois Workers’ Compensation Act. We cannot give legal advice regarding your friend’s rights under Ohio law. Therefore, I would strongly suggest consulting with an attorney licensed to practice in the state of Ohio who practices in the field of workers’ compensation.
If you or your family or friends should ever find yourselves in need of our services in an Illinois case, please feel free to contact us at 312-372-8822 (Chicago) or 815-723-8822 (Joliet) for an appointment to come into the office and meet with one of our attorneys. There will be no charge for the initial consultation.
Thank you again for your interest in our firm. I wish you the best of luck.
