Is it Workers Comp?

Valkavitch · October 2002

I have an employee with a prosthetic lower arm, while lifting a patient loaded stretcher his prosthetic device cracked at the point where it attaches to his arm and down towards his wrist. Since the prosthetic device is an extension of his arm would this be considered Workers comp? His physical body was not cut or injured, just the prosthetic device. He asked to go home to retrieve his old prosthetic arm to complete his shift. What would this be covered under if covered at all?? Thank you for any response.

ritaanz · October 2002

A call to your workers compensation insurance company will give you your answer. I'm betting they'll replace/repair the broken prosthetic arm.

Valkavitch · October 2002

I wish that were the case - I called WC and one person thought it would be WC and the other person in the office said no, because there was no physical injury - They took it to a defense attorney for clarification and that person gave this answer: It would be decided depending on the age of the prosthetic, the weight of the patient, and if there are any warrenties. The arm has no warrenties, it is over 5 years old and the patient was not overly heavy therefore the chances are WC would deny the claim basing their decision on normal wear, tear and aging of the device. The biggest surprise to me was the cost of the prosthetic if it needed replaced totally ($19,000.) However I have learned that this arm will go to a repair shop and they may be able to replace just the parts that are cracked at a lower cost.

Don D · October 2002

A call to your State Vocational Rehabilitation Division might give you suggested sources that might pay for repair.

Valkavitch · October 2002

Thank you Don - This is a new field for our business!! your advice is greatly appreciated.

Is it Workers Comp?

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