#WorkmanCompDenied #AnkleSprained #HRIssues
So, I was just minding my own business at work, casually watching some basketball game between patients at the psychiatric hospital where I work in MA. Suddenly, a rogue basketball decides to make a beeline towards me, and being the MVP that I am, I caught it and went to pass it back. Little did I know, the floor was as slippery as a greased pig contest, and I ended up with a sprained ankle.
To add insult to injury (literally), the HR Director called me up today and told me I won’t be getting workman’s comp because apparently, I passed a ball to a patient, which is against the rules. Like seriously, am I supposed to just watch the ball roll away and pretend I’m the Queen of England? 🏀👑
Now, they want me to do desk work for a few weeks. Excuse me, but have they met me? I’m not a desk potato, I’m a basketball hero! 🦸♀️ What do you think I should do? Take up the desk job or fight for my rights? Let me know in the comments below! 💬 #NeedAdvice #HelpMeOut
You go to the doctor and report it’s a work injury. If your employer doesn’t cooperate you may want to consult a workers comp attorney.
Generally, workers’ compensation should cover work-related injuries regardless of employment status (full-time, part-time, or per diem), but there might be nuances in your case.
An attorney experienced in workers’ compensation can help you understand whether the hospital’s stance is legally sound and what steps you can take to ensure you receive the compensation and support you deserve.
Echoing everything said here. Workman’s comp is for any employee regardless of PRN, FT, whatever.
Sounds like a UHS facility to me.
I’d call someone actually experienced in workman’s comp, rather than taking HR’s word for it. HR’s job is to protect the company; they have a vested interest in finding a reason to deny workman’s comp. Never take advice from your adversary.
HR is hoping your lack of experience with workers comp will pay off for them. My wife’s old job (also in Mass) tried to lie to WC that she “hurt herself at home”. The company, unfortunately, is not your friend in this.
If your employer refuses to file your claim then you can report it yourself. More info here https://www.mass.gov/how-to/file-a-workers-compensation-claim
Were you being paid at the moment you were injured? That is the key question. If so, that’s a workers’ comp claim. If you were on lunch, so sorry, but it isn’t, at least in CA.
You can look up your employers workers comp coverage online. Then contact them. Even if you are a 1099, if you are directly working for the business then you are entitled to coverage.
Workers comp is a no-fault system. It doesn’t matter if the injury is a direct result of the employee’s mistake, it’s still covered.
This sounds like bs, this was an injury incurred entirely at work, and was not due to gross negligence on your part.
My mother received workers comp pay for an injury she sustained while dancing at the company Christmas party.
Contact a workers comp attourney, asap. HR doesn’t dent the claim, the insurance company evaluates the viability of the claim and determines pay out.
IANL, I am very familiar with workers compensation. It is not up to your employer to determine eligibility for workers compensation, it is up to the insurance company. Did your employer send you to the urgent care that or did you go on your own accord?
Generally compensability comes down to acts of employment and course of employment. Jurisdiction matters a lot in WC but it’s broadly no fault by design.
Here’s something from Cornell law:
An accident occurs “in the course of employment” when it occurs:
Within the period of employment
At a place where the employee reasonably may be in the performance of the employee’s duties
and
While the employee is fulfilling the employee’s duties or is engaged in something incidental thereto.
The term “arising out of” is narrower than the term “in the course of.” It refers to the origin or cause of the injury. An accident “arises out of” employment when the employment was the cause of the accident which resulted in the injury.
Your scenario is absolutely in the course of employment. You were supervising activities by patients and returned a ball to them. I’d be shocked if any carrier denied this claim. That said, I’m not sure about particulars of MA or if your employer has some weird self insured or other coverage?
That said, your number of hours does not matter as long as you are employed by them and not, say, a volunteer or independent contractor?
If you’re in the US, there should be posters up at your workplace somewhere outlining how to do that, I think?
They should have a phone number for you to call and report the injury to the workers comp carrier as well. This is the way it worked for me, when I filed a claim against the university I worked at. I filled out an accident form at the university and they had me call the workers comp claim line.
Hi!!
I am a work comp adjuster in MA. as long as you are directly employed by your employer, and not an independent contractor (gets trickier), you are eligible for work comp.
If she wants to deny your claim and youre missing out on money, go ahead and contact a lawyer and have them file a form 110 for you. Keches Law Firm is a pretty well known one but there are TONS.
Your employer should either have a work comp insurance company or a third party administrator (doesn’t really matter for your purposes but they need to have SOMEONE working on their comp).
If they’re offering you modified duty, is it for your full hours? You may be per diem legally, but if you are usually needed for a day or so every week, you’re going to have an average of a few hours worked per week, are you making around that with your modified duty work? Were you given an offer letter? Should have start and end dates and times, hourly wage.. etc. Do you have another job? Work comp pays for ANY work you’re missing out on, not just the job you got injured at.
You still need someone to pay for your medical bills, and you need your claim details to have the hospital bill it under work comp so you need an approved claim.
I’d speak to a lawyer about this. Lots of places offer pro bono work or take a cut of the settlement. Don’t think you’re going to get a settlement unless you really messed up your leg but who knows.
Also, as long as you were reasonably in the course and scope of your job duties, you are eligible. If you were on lunch, playing a game of kickball with your coworkers, then nope no coverage but if you were doing things in accordance with your job duties, honestly even in a vague sense, you should be accepted.
One question I’d be interested in as your adjuster is why was the floor wet? Was a janitor mopping the floors and didn’t put a sign up? Did you spill water, was there a leaky pipe..etc? The more of it that is another employee/the employers fault, the better for you.
A lot of the time, it’s up to the adjuster if a claim is approved and your hr lady probably expects you to take this denial on the chin. Dont! You have options! Courts heavily favor claimants ! Good luck and get a lawyer, have them do your work.