Can I sue/Should I sue?

[JamesL1585]

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Back in December 06, I worked as a shift supervisor for company X (obviously one of the large national retail pharmacies). One night, during the overnight shift in which I worked, a man came in the store, basically he broke into the pharmacy and on his way out myself and the security guard stopped him... he attacked me, we got into a scuffle and he ended up biting me. I help him until the police came, the police let him go (this officer was later suspended) and I was taken to the emergency room.

Long story short... the company hooked me up w/ their insurance providors, who paid my Worker's comp salary and hospital bills. Shortly after the incident I made a deal with my supervisor that I would no longer work the overnight shift as it was dangerous since the guy I had beat up was on the loose and it was affecting my school and he agreed. Once I was cleared by the Dr., I tried to return to work and the supervisor told me he still needed me on the night shift. So, yea... NO! I just didn't return anymore and was fed up with the company.

Then it started... a few months after not working there anymore I started getting medical bills in the mail which the company was supposed to cover under federal law. I alerted them thta I was still getting the bills and they said they had taken care of them (this was summer 2007).

Next, I got into pharmacy school in fall 2008. I relocated cities, and did my financial aid. Filled it out and everything. I needed loans, and of course applied. It took several weeks and I didnt have my loans so I called to find out why. When I called they said I had 2 outstanding medical bills on my credit report.... Big problem. I called the insurance company for the retail pharmacy and spoke to them of this matter... they gave me the run around saying how they would check on it for me.... after a week I still didn't get a call back. The deadline to pay for my tuition was coming close, and I couldn't get my loan so all my classes would be dropped because of this incidence.... Basically I wrote a letter to the company and sent it into snail mail, and email. I never got a response. So I had to pay the loans myself 1 day before the deadline for all my classes to be dropped....

Once I got time I called the insurance company and told them my situation and mentioned how I sent a letter to the case managers email and through snail mail which required a signature and threatened them with legal actions. Next thing u know I get a call from the case manager while Im in class and she left a message on my voice mail saying she got the letter but she "dropped the ball" and forgot to give me a ring back while I was freaking out worried my first semester of pharmacy school classes would get dropped.... I was so frustrated with the whole situation, the irresponsibility, the selfishness. I put my life on the line saving the pharmacy, and I cant even get my medical bills paid!! They still haven't reimbursed me for having to pay for the medical expenses.... so should I sue?

 

[cycloketocaine]

I would at least talk to my attorney.

 

[WhiteSnows]

Sue them for te judment.

 

[confettiflyer]

You definitely need to speak with an attorney with experience in worker's comp claims.

And certified mail return receipt is your best friend anytime you're dealing with credit, insurance, or other related companies.

 

[JamesL1585]

You definitely need to speak with an attorney with experience in worker's comp claims.

And certified mail return receipt is your best friend anytime you're dealing with credit, insurance, or other related companies.

Thanks 🙂 I have copies of that and recorded phone conversations...

 

[RxWildcat]

Sounds to me like you definitely have a case. I would get to a lawyer ASAP.

 

[MountainPharmD]

First, I hope you learned an important lesson. You health and safety is far more important than the small amount of drugs or money someone can steal.
Most company have a policy that states you will not attempt to stop anyone from stealing or shop lifting. If your former company has that policy they can deny you benefits because you violated company policy.

I would contact an attorney.

 

[rxliteguy]

First, I hope you learned an important lesson. You health and safety is far more important than the small amount of drugs or money someone can steal.
Most company have a policy that states you will not attempt to stop anyone from stealing or shop lifting. If your former company has that policy they can deny you benefits because you violated company policy.

I would contact an attorney.

I agree. As a worker(except for if you work in the Loss Prevention department or security), you don't have an obligation to confront and stop a shop lifter. Let it go. It's not like it's coming out of your own pocket. Just be a good and alert witness for police. Let the police and detective take care of it. Not only have you gotten yourself into this big insurance mess, you have given the thief a good reason for revenge which poses a threat to everyone working in the store. So if it ain't your business, don't worry about it.

 

[Sparda29]

Sue them for every penny they have.

 

[Old Timer]

In reality, you have no case. You have a few medical bills that need to be paid. You can contact a lawyer, but absent proof of your damages, I don't see what you would hope to accomplish.

I would send a letter to all three credit reporting services.

Transunion
Equifax
Experian

Explaining the situation so anyone evaluating your credit would see the statements.

I would also go to Annualcreditreport.com and get your credit report from all of three agencies.

Finally all communication with the company should be by first class mail, return receipt requested.

I would call your contact at the company and demand they pay the bills at once. Once you have an agreement, send them a letter confirming the conversation and informing them that failure to fix this will force you to take legal action. Then go to a lawyer.

 

[JamesL1585]

I agree. As a worker(except for if you work in the Loss Prevention department or security), you don't have an obligation to confront and stop a shop lifter. Let it go. It's not like it's coming out of your own pocket. Just be a good and alert witness for police. Let the police and detective take care of it. Not only have you gotten yourself into this big insurance mess, you have given the thief a good reason for revenge which poses a threat to everyone working in the store. So if it ain't your business, don't worry about it.

I know now... I dont know what the hell I was thinking back then, because the company sure doesn't care about my well being! After the incident, I asked if I could close down the store for a few hours, and the manager said no, it had to remain open....

In reality, you have no case. You have a few medical bills that need to be paid. You can contact a lawyer, but absent proof of your damages, I don't see what you would hope to accomplish.

I would send a letter to all three credit reporting services.

Transunion
Equifax
Experian

Explaining the situation so anyone evaluating your credit would see the statements.

I would also go to Annualcreditreport.com and get your credit report from all of three agencies.

Finally all communication with the company should be by first class mail, return receipt requested.

I would call your contact at the company and demand they pay the bills at once. Once you have an agreement, send them a letter confirming the conversation and informing them that failure to fix this will force you to take legal action. Then go to a lawyer.

How do you figure I don't have a case... I have proof of letters from Sallie Mae saying I cant get approved for my loans based on the fact I have unpaid medical bills..... Also, Its federal law that under workers compensation (ive looked this up) the company is responsible for your medical bills. Also, I have sent them letters, talked to them, everything they didn't pay it in almost three years, they are aware that I have paid it, and they still havent reimbursed me the money I had to pay for my own medical bills. 4. I had to quit my job because of the situation. I have phone conversations recorded where I have confronted them and they basically didn't say they would do anything.... Plus, if I didnt take the action by paying my tuition all of my courses would have been dropped... that would have been sooooo much emotional stress on me. It still was but if that had happened I wouldn't know what to do with myself.



I'm not trying to argue, but I don't want to waste my time going through this legal process for nothing... so do you really still think I don't have a case?

 

[BMBiology]

IHow do you figure I don't have a case... I have proof of letters from Sallie Mae saying I cant get approved for my loans based on the fact I have unpaid medical bills..... Also, Its federal law that under workers compensation (ive looked this up) the company is responsible for your medical bills. Also, I have sent them letters, talked to them, everything they didn't pay it in almost three years, they are aware that I have paid it, and they still havent reimbursed me the money I had to pay for my own medical bills. 4. I had to quit my job because of the situation. I have phone conversations recorded where I have confronted them and they basically didn't say they would do anything

Old Timer is right. If you had to drop out of pharmacy school because of the mistake they made then you may have a valid case but since you paid the tuition yourself, you really can't show that they have financially affected you. You can claim emotional distress but that is an uphill battle and you would also have to show how it had financially affected you (e.g. professional counseling was needed).

Most lawyers want an upfront fee unless it is pretty obvious that you will win. I don't think it is worth the fight.

 

[JamesL1585]

Old Timer is right. If you had to drop out of pharmacy school because of the mistake they made then you may have a valid case but since you paid the tuition yourself, you really can't show that they have financially affected you. You can claim emotional distress but that is an uphill battle and you would also have to show how it had financially affected you (e.g. professional counseling was needed).

Most lawyers want an upfront fee unless it is pretty obvious that you will win. I don't think it is worth the fight.

How do I get my money back then?

 

[Jenny2009]

How do I get my money back then?

If they continued to refuse to pay you then you have a case.

 

[PharmDstudent]

How do I get my money back then?

Have you contacted Workman's Comp. directly? Perhaps you can file a complaint and report that the company is withholding benefits from you intentionally.

 

[PharmDstudent]

What is the statute of limitations if you have to sue on a WC claim? Is it one year like other claims?

I was involved in a car accident, which I got a settlement for miraculously, but I had ran out of time to force them to pay the ambulance bill that was left off of the claim since I wanted to avoid a lawsuit. (Just a little food for thought.)

 

[Old Timer]

How do I get my money back then?

Follow the instructions I laid out....

 

[confettiflyer]

Explaining the situation so anyone evaluating your credit would see the statements.

Personal statements on cred reports pretty much don't work...usually the inquiring party will just run the data through an internal model of risk assessment (or straight pull the FICO 98/industry FICO) and generate an accept/decline message. Rarely does it ever get to human eyes. It might be handy if it's a private residence landlord or other small business.

As for the OP...this was for private loans, right? Can you go for the federal ones? I know those have a lax requirement of no bk/no student loans in default/no problem.