girlfriend hurt at work lifting a guy.the cna didn't show up.it's not part of her job. what should she do?

Question

she is not a cna....the cna didn't show up (on a regular basis there's a no show) she cooks and takes gives meds for the brain injury patients at a group home. the guy was a quadrapalegic, in a wheelchair...i guess he's kinda grumpy, the cna's don't like him and regularly don't show up to tend him....leaving it to her and the other lady to take care of him (if SHE shows up!) Her duties are to cook, clean, do the shopping,dispense meds at bedtime, and make sure there are no fights, etc...

Answer 1

Filing a workers compensation claim would be good advice. There are certain things that would make it difficult to file. For example, if she was 'horsing around' then there is a very good chance that the claim will not be picked up by workers comp. Generally it is required to be within the scope of a person's job duties that the injury occurred in order to be an accepted claim. If it is a very bad injury (herniated disc) and she is unable to work because of it, then it would probably be recommended to file a claim.

The claim is almost certain to be denied by the workers compensation insurance company, but file it anyway. If it is denied, and you really want to go through workers comp. then I would recommend hiring an attorney. They can evaluate the claim and usually be of good assistance. FYI: Workers comp attorneys (at least in most states) are paid through a final settlement. That means that when the insurance company pays you for the injury, the attorney will take a percentage (varies per state) so be sure you ask about that prior to signing on with the attorney.

Last of all, if at all possible AVOID filing a workers comp claim. It is a horrible hassle. If the injury can be treated using your own personal insurance policy it is much better for the injured person. Workers comp requires that you jump through many many hoop, and during most of that hoop jumping you will not be able to get treatment for your injuries.

If she is missing work because of the injury though, it would probably be recommended that she file a claim.

Answer 2

I didn't get the question? Is your girlfriend a cna or an employee
there but does different work?? If lifting a patient in a place like
that was not her job, then she shouldn't have done it. SHE
would have been blamed if the patient got hurt. That's the truth.
I used to be a cna, and we were the only ones, besides the
other nurses who were allowed to touch the patients. So, I just
don't see how she has a case, but maybe she can get work-
comp, not sure ...I feel for ya though.

Answer 3

Work comp laws vary from state to state, but not by much. Generally, any injury on the job that is from a foreseeable work-related activity or in the course of emplyement is covered, even if it is something that is not part of the employee's regular duties. There are work comp cases where even horseplay related injuries or softball injuries at the company picnic are covered.

But the real answer to your question is to file a work comp claim. If it is contested by the employer, turn the matter over to an attorney.

Answer 4

Why was she lifting a guy in the first place? Was she at work and they were both hurt? You leave too many spaces in what happened. File a workers comp claim or use your insurance if you don't want a workers compensation claim on your work history. Different states have different rules for workmans comp claims. Contact a lawyer your first counsultation is free.

Answer 5

She should first find out from her boss what forms she needs to fill out. There should be an accident report form. Next, she needs to go to the dr. and have the dr. write a letter describing what all is wrong with her back. Then she needs to send a copy of that letter and a copy of the accident report form to the workers compensation board. However, if she wasn't following the business safety procedures, (wearing a back brace, waiting for help, using a lift machine) she may not be able to be compinsated for the drs bills.

Answer 6

Could you elaborate a bit more?

Lifting a guy? is this a patient?

If she was hurt doing something at work to help her business, it doesn't matter if it was 'part of her job description'. She was doing it in good faith for the service of her employer.

She should contact a (or a few) lawyer(s), most have free consultation. Find one you feel comforatable with.

Answer 7

If she was hurt at work, she needs to file a workers compensation complaint and see it through.

I know she probably feels loyalty to her employer, but she also needs to protect herself in case the injury doesn't heal properly.

Answer 8

She needs to file a work comp claim asap

Answer 9

Not push it, she should go to the Dr and just hope they pay for it. If she pushes it she will probably get fired for "some other reason". If it wasn't in her job desription and she took it upon herself than she is kind of on her own there.

Answer 10

If the 'guy lifting' was work related, file a workers comp claim. If she and he were"horsing around", well that's a horse of a different color. (Pun intended.....sorry.)