Legal Question in Workers Comp in Maine

My boyfriend has worked as a baggage handler for Delta for 3 years. He started having a sore back about a year ago. He had baggage fall on top of him from the cart they bring it to the plane with, and his supervisor thought it was funny and didn't fill out an accident report. He kept complaining about his back after that, and she told him that it was just sore muscles from the lifting, bending and twisting, and to take some Advil and toughen up. Finally he made an appointment with his doctor, and they found he had a cracked vertebrae and a slipped disc. He had told his manager a week prior that he had an appointment to get his back looked at, and he would be late. He came to work with a doctors note to put him on light duty. It turns out he may need surgery, but when he talked to his manager about workers comp, he was told that he did not qualify because he hadn't filled out an accident report, and that he went to a family doctor instead of a qualifying doctor for the company. He was told yesterday that he will be put on unpaid leave until his back is fixed because the company policy is to only have light duty workers for 90 days. I'm also thinking that without working, he won't have insurance (or any way to afford continuing his current policy). He has coworkers who can vouch that he complained about his back, and they can also vouch that accident reports are very rarely filled out there. Basically they want to see blood before they'll fill one out. He also wanted to fill out an accident report once when he hurt his foot walking on the tarmac to a plane. There was a hole that he stepped into and he complained about his foot to his new supervisor. He also refused to fill out an accident report because he was "just walking, and it was his own fault". We later went to the emergency room to find he had torn all the ligaments in the top and bottom of his foot and was on crutches for 3 weeks. I'm curious if seeking a lawyer is a good idea.


Asked on 2/13/10, 4:20 pm

1 Answer from Attorneys

David Marchese Drummond & Drummond, LLP

The employer's failure to file the necessary report for worker's compensation does not mean that your boyfriend cannot get worker's compensation coverage for this injury. I would be happy to talk with him to pursue his case. If he has medical bills from the foot injury, he could get those paid, too. Please let me know if I may assist you. Thank you for your inquiry.

Read more
Answered on 2/18/10, 5:45 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Maine