Re: Debbie, re: Tort Immunity

In Reply to: Re: Debbie, re: Tort Immunity posted by Anne on March 29, 2003 at 12:56:42:

I am not sure how it works either Anne, I saw an attorney here in Peoria who used to take Federal cases - in fact he is representing a co-worker at the USPS where Tina and I worked, but he took her case over a year ago. He did see me, but no longer takes these cases, he just wanted to give me information on how and when a Federal case is taken by an attorney who is classified to take them. He is the one who explained the torte immunity law to me and it basically states that the government makes the laws, so how can they be sued for breaking them. He said it was not impossible, just very long and drawn out as the government knows just how and where to keep cases continually tied up in court with outrageous requests, wants, or accusations from or against the defendant. He further explained that no attorney will take a federal level case unless they know for sure they can win it without the long drawn out ordeal the government is famous for. He told me that the Federal employer has to just outright fire the person (stating it was from the injury substained on the job, deny benefits (that are due the employee), and just be downright nasty from the onset of the claim which in our cases it is not that way. Tina has had much more trouble with her surgeries and recovery as well as benefits than I have at this point. The only reason really we are searching for an attorney to take our cases is that our employer does this all the time to good employees at our facility, the manner in which it was done to us (firing us while we were recovering), and the fact of protection for ourselves as CTS is classified under IL WC law as a re-occuring traumatic injury. Not to mention how much easier it would be for a team of paralegals with the legal experience behind them to handle all this paperwork and runaround than it is on two lay-people who don't understand or know the law where WC, wrongful termination, and disability are concerned. I do appreciate all your help though and we are still looking through all those links Anne has set us up with - Tina has gotten a response from a lawyer in New Mexico who wants us to send him our case historys - he thinks he can help. Only problem with that is that fact he is in NM and we are in IL! LOL! I mean I'm sure the costs of travel for him to come to court dates and such would be taken out of any type of settlement we are offered so that might not be a possibility for us either, but it can't hurt to send him the information and see what he can or can't do for us. Thanks again and chat with y'all later - my hands are killing me today - time for vicoden and bed!!!! :o)

: I don't know if it makes a difference in which state a USPS employee works, which codes apply (e.g., for example Civil Service Reform ACT, U.S.C., ADA Act, etc.) and under which the USPS is or is not immune... WC, possible wrongful termination or what.

: : What a shame... These girls will probably not be helped then... Sometimes life doesn't seem fair to some..
: : Debbie