I was told by my boss that breaking my knee on my 15 minute break was not work related and that workmans comp would not cover it.
I work at a hospital and fell outside the ER entrance on a broken stone that was called in on at least 4 ocassions and never fixed, i rolled my ankle and fractured my knee... Now my boss says its not work related because my employer didnt make me go outside for my break... can anyone help me with this one?
2007-02-07 16:53:24 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If you were on the clock then it should be covered - I think. Talk to your human resources department. Alternately, you could file a claim against the companies general liability insurance siting negligence since they had been notified of the problem and failed to fix it. They probably told you it wasn't covered in hopes you would go away and not press the issue.
2007-02-07 16:57:19 · answer #1 · answered by Justin H 7 · 0⤊ 0⤋
The law varies by state. In CA if you are on the clock, whether you are on the property or not. If you are on the clock it is their responsibilty. If that is not the case in your state, then you should check the hospitals propety insurance, if the stone had been reported already should have been taken care of before anyone was hurt. Your best bet is to talk to a claim worker with the workers comp company.
Also, the company (hospital or any other) cannot tell you can't file the claim, it is up to the workers comp comany to deny or approve a claim. Talk to someone in Human Resources.
2007-02-07 17:14:42 · answer #2 · answered by missruralamerica 2 · 0⤊ 0⤋
Worker's comp laws vary from state to state, so it may depend on where you are. My gut tells me that you should be covered. Did the offer to treat you at the hospital? I would call your state's department of Ocupational Safety department. You should be able to find it on the web. If they should've filed a claim, then they are probably in deep doo-doo. Why they don't want a lot of claims against them, they are screwed if they denied somebody a chance to file a legitimate claim. If your claim was no good then what they harm be in seeing if it is accepted?
2007-02-07 17:01:39 · answer #3 · answered by ? 5 · 0⤊ 0⤋
Well, your boss better get his story straight. If it was on business property during work hours, during a scheduled and permitted break, it is covered under workers' comp.
If it is not covered under workers' comp, and it is NOT work related, then the employer is liable for unsafe conditions of the premises, and they had notice of the dangerous defect in the property, they are liable under general negligence tort theory.
You need to speak to a good lawyer.
2007-02-07 16:59:01 · answer #4 · answered by JOHN B 6 · 3⤊ 0⤋
If you were still on the clock then it's considered work related. File the claim and when they oppose it get a lawyer.
2007-02-07 16:57:31 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Absolutely you are covered you were on the clock get your shop steward to represent you first go to your supervisor,then HR. like most companies they will take out of you all they can and not look after you..
2007-02-07 17:48:21 · answer #6 · answered by d s 4 · 0⤊ 0⤋
If it's been called in before as a problem then I think your claim is justified.
2007-02-07 16:55:49 · answer #7 · answered by Smeather 3 · 0⤊ 0⤋