WalMart needs to do the right thing!

"The Shanks didn't notice in the fine print of Wal-Mart's health plan policy that the company has the right to recoup medical expenses if an employee collects damages in a lawsuit."

Not that it's right, but she signed it. She should have read it more carefully or opted for some form of insurance somewhere else.

I'm just wondering why the trucking companys insurance company didn't pay for her medical expenses and only paid for her pain and suffering. She should have recieved alot more than a million. And since when did lawyers start recieving half of ones settlement? I always thought it was a third

If she reads the fine print and disagrees with it and does not sign up for the insurance, then she has no insurance. There's no negotiating or wiggle room with an employer's medical insurance. You take it or you don't.

quote:

Originally posted by jmbo35660:
If she reads the fine print and disagrees with it and does not sign up for the insurance, then she has no insurance. There's no negotiating or wiggle room with an employer's medical insurance. You take it or you don't.

Well said. They've got you and they know it...It's time to boycott the beast...

quote:

Originally posted by Clark Kent:
"The Shanks didn't notice in the fine print of Wal-Mart's health plan policy that the company has the right to recoup medical expenses if an employee collects damages in a lawsuit."

Not that it's right, but she signed it. She should have read it more carefully or opted for some form of insurance somewhere else.

But we're not talking about whiplash or a few cuts and bruises. Debbie Shank is severly disabled. She didn't "hurt her back" and claim workmen's comp or disability. Her husband divorced her so she could receive more Medicaid money. The state could jump in here and say that WalMart owes them $ for taking the rest of her settlement. This is a company that netted $90 Billion dollars in one quarter. ONE quarter.

And the kicker is this poor couple lost their son who was serving in Iraq one week after the judge ruled in WalMart's favor.

That is the saddest story! WoW, I understand if someone gets hurt and gets a settlement, and the company has taken care of everything, they should be entitled to some of the money. her case I would say would be rare. But the legal fee took more than Walmart wants! Its a lose-lose situation~

A lawyer will kick in here if I'm wrong, but I believe the going rate for personal injury lawyers is 40% plus expenses.

What!!?? When I lost my foot in the accident, the going rate was only 33%!

First, Mandomama - I'm so sorry about your foot! I hope things are going well for you since your accident!

Second, Wal-Mart's policy is shady, but it is also standard. I'm not sure which one should make you more sick. If I was in a car accident and my BC/BC paid for $15,000 of medical expenses and then I sued the other driver and won $30,000 for my injuries, loss of wages, pain and suffering, etc. then BC/BS could come in and take $15,000 to reimburse them for what they paid. If you keep the money then you are double dipping.

Now I agree, the Shank family has received a raw deal. No doubt. Wal-Mart is not doing anything to help them out, even though she was a great employee. I think this is one of those issues where we all feel bad for them, someone should do something, but the one most able to help is not willing to do so.

Its sad, but its normal insurance practice. If you have insurance and get in a accident, and your insurance pays your medical bills, and later on you sue the person who caused your accident and win, your insurance company will get the first cut as their services are basically considered a loan. Simply, you can't double dip.

Their lawyer was also horrible. This is nothing out of the ordinary, and he failed to get enough for them to pay their bills and her medical bills for more than a couple of years. This has been going on for several years and they are already half through the money already. What were they planning on doing once it ran out? The guy was basically worthless.

This is not the first time I have heard where employees have been done dirty by wal-mart. As much as american love shoping there it is a horriable place to work. Wal-mart should be made to give this lady her money back but its going to take one more Lawyer to get Wal-mart to cave.

quote:

Originally posted by CrustyMac:
A lawyer will kick in here if I'm wrong, but I believe the going rate for personal injury lawyers is 40% plus expenses.

I don't think there is a "going rate" for personal injury cases. Fees seem to range from 25% to 50%, plus expenses, depending on the facts of the case, the difficulty and the likelihood of recovery.

THAT'S THE WALMART WAY!!!!!!!! I refuse to go to Walmart and have not been in almost two years. I stopped going when I was treated by Managment in the Muscle Shoals store. I used to work there when I got out of High School and I still keep in touch with employees who still work there and I know of one man who works there and he,his wife and their child has had all kinds of medical problems and the insurance refuses to pay and he continually has to fight with the insurance to get his claims paid. This story is just way to sad.

As bad as I hate to say it, I'm gonna have to agree with Jmbo35660. If it is in print and you sign it....
I do think that is a sad way for anybody to do busisness. This poor woman and her family deserve a little help here.

As far as insurance companies go, they all want somebody else to pay for the claims. Last year I was playing ball and tore my ACL and had to have surgery on it. I recieved letters twice from BC/BS wanting to know where it happened, was it the result of an auto accident, was their other parties involved, all in the effort to get somebody else to pay them back.

It's certainly easy to hate Wal-Mart, the giant with all the money in a case like this. And I know they have a horrible track record of mistreating employees. But as already mentioned, this is standard insurance practice known as "subrogation." Insurance pays medical bills up front. Then if injured party sues the wrongdoer and collects, the insurance is due to be reimbursed. However, a good lawyer will always negotiate the subro amount with the insurer. Also, the insurance company normally pays a percentage (usually 1/3) to the lawyer for getting the settlement or winning the suit. There's another opportunity for the lawyer to do the right thing--give up part of his/her fee to help the client. But the insurer is not entitled to collect more in subro than is left after legal fees have been paid. I agree, the lawyer seemed a bit greedy but that's easy to say as an armchair quarterback. He may have had a lot of expenses and it might have been a tough case to win. It's not uncommon to see contingency fees of 40-50 percent depending on the case.

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First, Mandomama - I'm so sorry about your foot! I hope things are going well for you since your accident!

Sorry, TSC, that was my poor attempt at humor. I shouldn't have had that second glass of cabernet last night!

LOL!!! Ya got me!!! I shoulda known you were pulling my leg!!! Har-dee-har-har!!!

quote:

Originally posted by T S C:
Har-dee-har-har!!!

That made me laugh. I wish you would show more of your sense of humor - I bet it is wicked.

I know Sam is rolling over in his grave at the way they have turned his family oriented business into a mega monster that no longer takes care of his employees...

quote:

Originally posted by CrustyMac:

quote:

Originally posted by T S C:
Har-dee-har-har!!!

That made me laugh. I wish you would show more of your sense of humor - I bet it is wicked.

I will make a special effort, just for you Crusty! It is indeed wicked!

quote:

Originally posted by mandomama:

quote:

Originally posted by Clark Kent:
"The Shanks didn't notice in the fine print of Wal-Mart's health plan policy that the company has the right to recoup medical expenses if an employee collects damages in a lawsuit."

Not that it's right, but she signed it. She should have read it more carefully or opted for some form of insurance somewhere else.

But we're not talking about whiplash or a few cuts and bruises. Debbie Shank is severly disabled. She didn't "hurt her back" and claim workmen's comp or disability. Her husband divorced her so she could receive more Medicaid money. The state could jump in here and say that WalMart owes them $ for taking the rest of her settlement. This is a company that netted $90 Billion dollars in one quarter. ONE quarter.

The article said they had $90 million in net sales in 2007. That's not net income. It's sales only.

My bad, I thought it said net profit.

Even if the mark up is only 30% (and I think it is probably much higher) they netted $30 Billion dollars in one quarter. $450,000 is .0015% of $30 Billion. I think that is a profit loss that WalMart can live through.

quote:

Originally posted by MORGANZ9:
[QUOTE]Originally posted by mandomama:
[QUOTE]Originally posted by Clark Kent:
"The Shanks didn't notice in the fine print of Wal-Mart's health plan policy that the company has the right to recoup medical expenses if an employee collects damages in a lawsuit."

Not that it's right, but she signed it. She should have read it more carefully or opted for some form of insurance somewhere else.

I think the operative words in the above quote is fine print. Who can see that tiny print? Also, "fine print" is found in almost every employment contract and it really stinks!