The St. Petersburg Times ran this heartbreaking story recently about James Dolan, a 34-year-old Radio Shack employee who was shot in the head while on the job in 2004. The attack not only left him totally blind, but suffering from post-traumatic stress syndrome as well. His story appeared on the ABC television show Extreme Makeover Home Edition in 2005 after the show's crew made his home handicapped-accessible. You can see a clip from the show here.
But the story didn’t end there. Mr. Dolan's wife had to quit her job in order to provide care for him. The effect of that lost income was compounded by the fact that the Dolans' property taxes and utility bills have increased because of the home improvements.
The Dolans requested Radio Shack's workers' compensation carrier, Liberty Mutual, to provide 12 hours per day in attendant care benefits to compensate Mrs. Dolan for the care that she has had to provide to her husband, but the carrier refused. Instead, they hired vocational rehabilitation consultants who said not only that Mr. Dolan did not require any attendant care, but that he could actually return to work. The judge did award the requested benefits.
Several years ago, Florida deeply cut layer fees in Florida workers compensation cases and consequently, few lawyers take the cases. The article states because of this, insurance companies have taken advantage of unrepresented injured workers and, like here, have refused to pay for clearly necessary care.
Exasperated with Liberty Mutual's handling of the claim, the Dolans have now sued them for intentional infliction of emotional distress. Such causes of action against workers' compensation carriers were authorized by the Florida Supreme Court in Aguilera v. Inservices, Inc. Competent legal help is imparative for your injury case. Don't think the insurance company will "do the right thing". Don't wait till it is too late, having a qualified lawyer will help insure you get the help you need. Keenerlaw.com
1 comments:
Nice article...Thanks
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