I own a body shop. One of my employees got hurt playing soccer during his lunch break. He is claiming worker's comp because it happened on my property. Does he have a right to claim WC?? Do i have any rights??
2007-08-24 07:06:39 · 18 answers · asked by Anonymous in Society & Culture ➔ Etiquette
Well, I think the answer to that question is probably, yes. Although technically an off duty employee is not entitled to workers comp, it's likely he'll file for it and get it and you'd have to fight it.
And, to tell you the truth, you should be happy that he claims workers compensation. If he's not covered by workers compensation, he could sue you for negligence and negligent supervision in allowing him to play soccer on your property and not providing a safe playing surface.
If you are of the impression that if he can't claim workers comp that you are free and clear, then you are mistaken. Workers comp applies to work-related injuries and limits the employees ability to sue you. So, while you are subject to workers compensation insurance premiums, you are insulated from lawsuits that could cost you not just a few thousand dollars, but 10s or even 100s of thousands of dollars.
If i were you, I'd gladly let him file, and be happy about it.
2007-08-24 07:14:46 · answer #1 · answered by Anonymous · 3⤊ 1⤋
You don't say what state you are in and worker's compensation laws vary rather widely from state to state. In many states an employee must make a claim and the employer's WC insurer allows or denies the claim. If the claim is denied and the employee disagrees, the employee's recourse is to appeal to the insurance carrier or sue (or both) depending on which state you are in. In many states the employer has no say in whether the WC insurer will allow a claim or not.
That the employee was on his lunch break certainly mitigates his chances for a successful claim. If the soccer game was employer organized for employees, I think the employee has a pretty good chance at receiving compensation.
2007-08-24 14:29:25 · answer #2 · answered by No C 3 · 1⤊ 0⤋
Do your employees punch out for their lunch breaks? I would think that they are on their own time if so. You will have to check into your state laws and see. Since it happened on your property he may have a claim against your property or business insurance in some way. Who was he playing soccer with? Was he considered a guest or employee during the soccer play? Get a good attorney. That would be the best way to protect yourself and be fair to your employee.
2007-08-24 14:15:55 · answer #3 · answered by Honey 4 · 0⤊ 0⤋
He may have a claim but not necessarily workmen's comp. The part that he was injured on your property is the pertinent info. Was the injury caused by some negligence on your part? i.e., was there a whole in your lawn that you knew to be dangerous and did nothing to fix? that sort of thing.
You'll need to check with your workmen's comp office (those postings that employers are required to put up should have the number).
I don't think you'll have a problem unless you were negligent.
2007-08-24 14:19:24 · answer #4 · answered by stimply 5 · 1⤊ 0⤋
There have been some excellent answers, unfortunately not in your favor. However, there is a difference between Workers Compensation and Employers Liability. It really does depend on the state you are in and its laws. You are probably lucky to get off with a WC claim and a slight raise in premium as opposed to a civil lawsuit.
2007-08-24 14:30:35 · answer #5 · answered by grelics 3 · 1⤊ 0⤋
Not- unless you pay him to play soccer.
Accidents that are a result of horseplay, failing to follow safety precautions and previous injuries are not covered under workers comp either.
He was not injured performing his job duties- he was injured while enjoying his scheduled lunch break.
If he wants to be nasty tell him to call a lawyer, they'll laugh.
I had an employee say he was injured at work on a day when the whole plant was shut down and of course his time card reflected that absence as well.
2007-08-24 14:14:05 · answer #6 · answered by tnfarmgirl 6 · 1⤊ 1⤋
Types of Injuries Covered by workers' Compensation
For a work-related injury, you may be eligible for compensation for the injuries listed below:
* Preexisting conditions that the workplace accelerates or aggravates. An example might be an aggravated back injury, even if you did not notice the pain from the injury until later.
* Injuries caused during breaks, lunch hours, and work-sponsored activities (such as a company picnic), and at-work injuries caused by company facilities, such as a chair in the company lunchroom.
* Diseases such as lung cancer, if contracted by exposure to toxins at work as a result of normal working conditions.
* Injuries resulting from mental and physical strain brought on by increased work duties or work-related stress. In some states, this includes employees who develop a disabling mental condition because of the demands of the job and a supervisor's constant harassment.
2007-08-24 14:14:22 · answer #7 · answered by Joy 5 · 0⤊ 1⤋
I would say that unless it is a paid lunch break (and i'm assuming its not b/c most lunch breaks are unpaid) then it can't be WC. If you are not "on the clock" then you can't get WC. Also, if he WAS "on the clock" he still couldn't claim it b/c he wasn't doing his job, or anything related to his job. That was his own negligence.
2007-08-24 14:13:52 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It depends on your state WC laws, also if the employee was on or off the clock, if they were on company property (you say they were) and if they were allowed to be playing soccer.
Get a lawyer.
2007-08-24 14:19:35 · answer #9 · answered by dibzz d 3 · 0⤊ 0⤋
You can only get worker's comp if your on the clock when you get hurt. I hurt my hand and worker's comp paid for the dr. visit, because I was clocked in when it happened. He may be able to claim it, but it would probably get denied.
2007-08-24 14:28:32 · answer #10 · answered by Peach PIe 4 · 0⤊ 0⤋