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EE injured herself while running down hallway to clock in...

jadejade 1 Post
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I have an employee who sprained her ankle while running down the hallway to clock in because she was late for work. My WC carrier said that it is definitely a workers comp case even though it was through no fault of our own. I can live with that, even though I don't entirely agree, but the injury happened on 2/3/04 and she is still receiving treatment. This employee is in horrible physical shape and had previous foot conditions that have now been aggravated by the sprain. Therefore, she is being treated for her pre-existing conditions on our dime.

Does anyone have any suggestions on what I can do, if anything, about this ongoing treatment and physical therapy that she is receiving? My WC carrier doesn't seem concerned.
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Comments

  • 6 Comments sorted by Votes Date Added
  • marcmarc 3,126 Posts
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    Do you have safety policies that address unsafe work practices? Being late for work, assuming she did not make it to the clock on time would be another violation. You should consider writing her up for the violations, but as to the WC claim, I think you are stuck.
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  • mushroomHRmushroomHR 583 Posts
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    Sorry but I agree that you're stuck with this claim. A similar thing happened at our company and there wasn't anything we could do about the workers' comp. part of it.
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  • SystemSystem 5,885 Posts
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    The only other thing you could do would be to call up the claims representative and put him/her on it. Stress to them that you care about the expenditures for the claim. Maybe if you push, they'll act on it with a little more enthusiasm.

    If not, as Marc said, you're stuck.

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  • cebudragonladycebudragonlady 405 Posts
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    You say that your WC carrier is not concerned ? Whoa ! Does your carrier act this way with your other claims ? If so, time to switch carriers.

    Chari
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  • HRinNHHRinNH 1,432 Posts
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    I agree with Chari.

    The WC carrier we have is tough. When I fell down a few stairs and hurt myself, the agent appeared at my physical therapy appointments often and grilled the therapist as to how much longer I'd need treatment. Geesh...
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  • wabbitearswabbitears 8 Posts
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    I hear a trail of concern by all replies that we feel "stuck" with paying bills and having to pay higher and higher WC rates when, in fact, the facts do not support any guilt or complicity by the employer for not providing a safe environment for the employees.
    We just had a case where the employee was frightened by a roach, supposedly causing them to stumble and fall in the kitchen. No witnesses because all the events happened well before the employee was to report to work.
    I'm not being flip when I ask - living in Florida, we are supposed to have control of a roach appearing? If everything including a roach makes employers responsible, the consequences are a high claims ratio and being more at risk for refusal of coverage by WC insurance companies. Employers also deserve fair treatment.
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