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WC if there was no accident?

NevadaNevada 48 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Since I am still new at this I need some advice. We have an employee who has been here for 2 years. One of her job duties is to restock the coolers which means she must lift cases of water and soft drinks on a daily basis. For the past 6 months she has been going to the chiropractor because her arm (elbow area)continues to pop out of the socket. It has now developed into a constant problem and she is now experiencing pain and a lot of discomfort. She now wants to see a doctor about this. Since there was no accual accident that happened, is this considered WC and should I offer her the paperwork?
Thank you for your help.
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Comments

  • 7 Comments sorted by Votes Date Added
  • NaeNae55NaeNae55 3,243 Posts
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    The short answer is: yep

    Work comp is not limited to accidents at work, but also for illnesses and injuries caused by work activity (or just being there). Think of all the cases of carpel tunnel syndrome or problems caused by asbestos. I am sure if I had time I could name many more types of worker's comp situations which were not caused by an "accident". Get your paperwork started.

    Good luck!
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  • NevadaNevada 48 Posts
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    Thank you!!! I wanted to make sure.
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  • SMaceSMace 1,481 Posts
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    Not necessarily. It depends on your state worker's comp law. Each state is different. I have been involved in situations where someone was walking through the plant and twisted their knee. It was not the result of a trip, slip or fall so it was denied. I agree however to fill out the paperwork and let your comp carrier decide. That's why you pay them.
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  • AnitaAnita 86 Posts
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    Yes, I believe you should offer her the w/c paperwork. The w/c will determine if it is work related, it could very well be. W/c isn't only for accidents it can be from an activity that over time causes problems, such as carpal tunnel can happen for a data entry operator etc :-S
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  • WhateverWhatever 1,945 Posts
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    WC can be caused by illness. A basic rule should be to let the insurance carrier determine if this wc or not. The employer should never make that decision. Fill in the paperwork.
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  • Don DDon D 9,834 Posts
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    Yes, you should move the claims process forward. Regardless of your state laws and regardless of the final outcome, which you won't yet know, you should not impede the process of allowing the claim to be filed. Let the system sort it out by turning it over to your carrier for their determination. We often catch ourselves trying to second guess the outcome or assuming what the outcome might be, when all the while, our general obligation is to provide a safe environment and when things like this come up, move the paperwork and let the process answer the claim.
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  • NevadaNevada 48 Posts
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    Thank you all for your feedback. I just LOVE this forum!!!!
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