[chef john]

Dear Frizbee-
Just a note on the WC thing. Workman's Comp is for work place injuries. Liability and negligence have nothing to do with Workman's Comp. I know that sounds like heresy, but it is true. People get Worker's Comp mixed up with a third party liabilty lawsuit. They are not the same. If there is negligence or liability, your friend files a lawsuit for that.The employer can then counter with your friends inexperience, etc. WC only deals with the injury on a no fault basis. It is simply an insurance policy. Workman's comp pays for the medical expense, his wages for any time off ( at 60 to 75%) based on his last wage, depending on the state, and a small monetary settlement that is based upon what the injury was. The settlement is based on "week wages". For example, if you lose a finger you get 25 weeks wages, an eye, 50 weeks wages, and so forth. These settlements are listed in the Workman's Comp handbook that the government puts out or is in the office of any Workman's Comp lawyer. The settlements are regulated. What the lawyers haggle about is the extent of the injury and how permanent it is.
I am not sure that his legal status matters, as his employer also is culpable for hiring him in the first place. We mistake Workman's Comp for third party liability suits, but they are two different animals. His inexperience is irrelevent, it is his bosses job to teach him to do his job, this will surely be the crux of his attorney's argument.
Another thing, WC is mandatory, period. If the employer didn't think enough to protect the well being of his staff or his own liability, then your friend needs to get a workman's comp attorney ( not the one he has, but a new one) to deal with it. The Workman's Comp attorney takes no fee up front, he or she gets paid from the settlement. This attorney can get the hospital to stop calling for their money and protect your friend from harrassment and see to it that he gets the medical treatment he needs. But, he needs a reputable advocate for this, not some ambulance chaser. Don't ask me how I know this stuff, let's just say I learned the hard way. I hope this provides some insight into the system.
Thanx, John