TB is on the clock working in Washington DC after a stretch of ice and snow. He realizes he left something in his car that he needs for work. The car is parked right outside the gate, so he lets his supervisor know he is stepping out to get it.
The problem is that his employer never cleared all of the ice and snow from the area in front of the facility. TB slips, falls, and goes down hard on his right shoulder.
His union representative tells him to call us. After TB gives a statement to the workers compensation insurance company, they deny his case. They claim he was not on the premises, was not doing anything for his employer, and try every defense they can think of.
We saw it for exactly what it was.
Thankfully, TB had health insurance and could get the treatment and rotator cuff surgery he needed while we fought the case. Anyone who has been through shoulder surgery knows the rehab is long and painful, even for someone young and in good shape.
When someone gets hurt at work and the insurance company will not pay, we file for a trial hearing right away in DC. There is delay in the system and insurance companies count on delay.
In TB’s case, the employer and insurance company refused to agree to anything, so we knew a judge needed to hear it. We worked closely with TB to prepare him for testifying. Most people are not used to being in a courtroom, so we take the time to walk them through everything until they feel confident.
We also did the legal research that proved the employer was responsible for clearing the ice and snow. There is a law in the District of Columbia that requires it, and we made sure the judge understood exactly how it applied.
The judge ruled with us in full. TB was awarded every dime he was owed for the time he could not work. After rehab, he still had a permanent injury. Even though he could return to his regular job, we later got him additional benefits. This time the employer and insurance company did not even try to fight it.
The moral of the story is simple. Do not take no for an answer.
If you have been seriously hurt at work, the insurance company will try to deny or minimize your medical treatment and your benefits. They hope you will accept it and walk away.
We do not believe that is right. We help people stand up to the insurance company so they can get the care and security they deserve.
If you need help, just call us at 202-393-3320.