I have an employee that was out side working in our yard and was changing from his work boots back into his tennis shoes. Something was in his shoe and bit/stung him and his foot is now swolen and the site is tender. We sent him to the doctor, but do not know if this is a "work related incident".
2007-09-06 04:38:03 · 8 answers · asked by tmpafford 3 in Business & Finance ➔ Small Business
The employee was on the clock but he was changing his shoes to go home. The boots he was wearing are not required for his job, he just did not want to get his other shoes dirty. Does this change anything?
2007-09-06 04:57:25 · update #1
You should report the injury to your work comp carrier and let the adjuster decide. In California, that scenario would be considered work related. Every state has their own Labor Codes and Case Laws that determine how work comp benefits are administered in their respective state.
Bottom line, let compensability decisions be made by the adjuster and not you so you can't be accused of acting in bad faith. Let your employee know that it's not your position to determine with is considered work related and that you've submitted the claim to them to decide. If the claim is denied, then you can at least be in position to explain to your employee that the decision is out of your hands and that it's the state labor codes that drove their decision.
2007-09-07 18:59:14 · answer #1 · answered by ca_workcompadvice 2 · 0⤊ 0⤋
Since it happened as part of his work duties it is considered a work related incident. The claim will need to be filed with your worker's comp insurance company.
2007-09-06 04:43:01 · answer #2 · answered by bkwrm006 2 · 1⤊ 0⤋
1
2017-02-24 01:56:17 · answer #3 · answered by ? 3 · 0⤊ 0⤋
If the injury occured AT WORK, doing something he was asked to do WHILE ON THE CLOCK, then yes it is a work related injury.
2007-09-06 04:45:56 · answer #4 · answered by say_tay 4 · 0⤊ 0⤋
If the employee was injured in the course of doing his job then it surely is..... especially as you described that he was "outside working in our yard". Time for Workman's comp.
2007-09-06 04:46:30 · answer #5 · answered by squeezie_1999 7 · 0⤊ 0⤋
Yes it is considered a Workers Comp accident.
2007-09-06 04:50:52 · answer #6 · answered by Wendy 3 · 0⤊ 0⤋
If it happened while he was working and at his workplace, then yes it is. Though this seems like a relatively minor injury.
2007-09-06 04:45:32 · answer #7 · answered by mikeburns55 5 · 1⤊ 0⤋
yes. we had an employee where i work get stung by a bee while outside working and he was allergic.
2007-09-06 04:43:33 · answer #8 · answered by Aidan'sMom 2 · 0⤊ 0⤋