a dog cracked my tooth at work 3 years ago when i was holding it while it was being groomed. i didnt know it was cracked until the next day, but since i didn't "report" it within 24 hours, my store manager said they wouldnt pay for anything. i did file an incident report though. i went to the dentist and they said to just wait until the tooth becomes loose and they will replace the tooth... but this could be anywhere from 2 - 20 years to happen. now i need a root canal because of the pain, but it has been 3 years. i will pay ATLEAST $300 out of pocket.
do i have a case?
2007-11-29 06:58:19 · 17 answers · asked by mommy of 2 4 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
i didnt know it was cracked until AFTER 24 hours after it happened... so no way for me to even report it within time limit.
2007-11-29 07:02:55 · update #1
File a workman's compensation claim. Ask for a form from the employer. If you can prove that you filed a report and the employer did not inform you of your rights under workman's compensation you may have a case.
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2007-11-29 07:03:56 · answer #1 · answered by Barkley Hound 7 · 0⤊ 0⤋
I think you might have a case but I am not sure if the compensation you would get would be worth the aggravation.
Everywhere I have read says you have 30 days from the time of injury to report it to you employer.
If filed an injury report with your employer then they should have filed a claim with their workers comp insurance. In most cases employers only have 5 or so days to report it to workers comp and if they don't they could be fined.
You can go to the states you live in workers comp web page and get information from there that might be more helpful.
Good Luck!!
2007-11-29 15:24:35 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You did file an incident report, which should have been reported to your company's workers compensation insurance. It is not up to your employer whether you can be covered. Waiting 24 hours would not have any effect on your ability to be compensated. I would contact a lawyer if I were you. However, you may have waited to long to file a claim (or force the claim). You also want to make sure that your injury report is still on file. Hopefully you still have a copy.
2007-11-29 15:06:00 · answer #3 · answered by Laura 3 · 0⤊ 0⤋
If you filed an incident report, wouldn't this be considered as "reporting" it? I don't understand. If you have a copy of this report, I would believe you have a case, if you don't then I think you are stuck taking care of this yourself.
Remember, anything that happens to you at work, no matter how minor you think it is, should be taken care of immediately or it could come back to haunt you.
2007-11-29 15:03:02 · answer #4 · answered by colleenjp78 3 · 0⤊ 0⤋
You can try to make a case out of it, but once you get the lawyers involved, the costs go up dramatically. It may be a lot cheaper to pay the $300 out of pocket, and consider it as a tuition payment to the School of Hard Knocks.
2007-11-29 15:04:43 · answer #5 · answered by Ralfcoder 7 · 1⤊ 0⤋
I would say that it depends. The statute of limitations varies from state to state. I would consult a lawyer. If you can, and do sue, make sure that before you sign any papers that you read all the fine lines. Sometimes law suits can screw you over if you end up paying taxes for your winnings and for the cut you give your lawyer. Gotta be cautious.
2007-11-29 15:04:55 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Paying out $300 to get your teeth sorted would seem far easier than to persue a long legal battle.
Get it sorted, keep the receipts and then sue.
Being British, I can't say if you have a case, but it sounds like you should be compensated.
2007-11-29 15:06:36 · answer #7 · answered by MikeD2 4 · 0⤊ 0⤋
Yes, consult with an attorney that specializes in Worker's Compensation. You should be able to find one that will talk to you about the case without charging your for a consultation. And then the case should be contingency. S/He only gets paid if you collect.
2007-11-29 15:03:18 · answer #8 · answered by ? 5 · 0⤊ 0⤋
Yes it is a convenience for you to be able to report it within a given time-frame, but in no way mandatory.
2007-11-29 16:46:42 · answer #9 · answered by storm 3 · 0⤊ 0⤋
No, you don't have a case.
The company can now say that something else in 3 years could have caused your tooth to need a repair.
You should have found another dentist who was ready to fix it immediately.
2007-11-29 15:33:55 · answer #10 · answered by Expert8675309 7 · 0⤊ 1⤋