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May 22nd, 2007 I van-pooled to my job in SanFrancisco.. I live in Stockton (1 1/2hours away). When I got off the van about 6:ish am I was walking to work when I fell, I shattered my shoulder & was taken to Kaiser by ambulance.. I had a shoulder replacement 4 days later.. Since then I've had a horrible ortho surgeon who doesn't return calls & can't even remember me when I go in for check ups.. (very dissapointing) Needless to say, I cannot remember the scope rule re: on your way to work & if it is work related ?? Anyone with this knowledge, please HELP!!! My job is now saying that my job is in jeopardy if they do not hear from my DR...Very frustrating as you can imagine.. HELP Serious answers only... Thank You

2007-10-07 13:16:45 · 4 answers · asked by Lords of Stockton 3 in Politics & Government Law & Ethics

The company does not provide my vanpool, that is something I out of pocket to get to work. No, I was not on company property yet, I was just walking towards the company when I fell on the street.

2007-10-07 13:37:14 · update #1

4 answers

You need to check with an attorney for your state. The fact that you van-pooled may provide some relief in the system if the transportation was provided by the company. That puts it in the course and scope of employment in some cases. It's a tough call in your case, but worth looking into.

Best wishes to you.

2007-10-07 13:33:52 · answer #1 · answered by ironjag 5 · 1 0

Were you on company property when you fell? Why did you fall - was there a crack in the pavement or what?
Worker's Compensation will probably not cover your claim if you were just on your way to work, however, if you fell in the company parking lot it might.

2007-10-07 20:24:40 · answer #2 · answered by mollyflan 6 · 1 0

Did the injury arise out of and within the scope of your employment?

Go to the dr's office - you are more likely to get help from them if you are there - not just phoning in.

2007-10-07 20:30:46 · answer #3 · answered by Boots 7 · 0 0

this is a border line case, but I don't think you will qualify as you were not "at work" that is on the job when this accident occurred.

2007-10-07 20:26:39 · answer #4 · answered by Jan Luv 7 · 0 0

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