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Post by kim on Feb 5, 2008 9:20:18 GMT -5
What do you think about this: www.wtvh.com/news/local/15293321.htmlThe short version of the article: A woman was standing in her driveway when a guy who was on drugs ran off the road and into her, causing her injury so severe that she had to have her left leg amputated above the knee. Her employer has denied her request for workers comp and now she's suffering because she has no income and has 2 young kids to support. You know, I feel horribly for her. I mean, to have that happen and still have to take care of two kids while being out of work because of a newly acquired disability...that's something nobody should have to deal with. However, I also understand why her workers comp claim was denied. She wasn't at work! She was home, standing in her driveway, while on her lunch break. Had this happened while she was at work, then yeah...it was work related, but she was not at work, she was home. It wasn't the fault of her employer. True, it wasn't her fault, either, it was the fault of the guy on drugs who ran into her, but still, I don't think it fair to expect her employer to give her workers comp when it was not work related. I don't think I would have even considered asking for workers comp had that been me. That said, I hope she can find some way to improve her finances. That has got to be tough, especially with 2 kids. You'd think that she'd be able to get something from the guy who hit her. And maybe social security or some type of disability insurance.
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Post by Swimmy on Feb 5, 2008 12:27:51 GMT -5
She probably requested worker's comp because she was home on lunch break thinking that it was work related. The reason it was probably denied is that she was not home for the company's benefit but for her own.
It is unfortunate that Ms. Blount has suffered everything she has to the point. I wonder if the driver has car insurance. At least then it would be worthwhile to sue the driver to receive some compensation for her injuries.
I don't think the employer necessarily has to be at fault for an employee to qualify for worker's compensation. As long as the employee was injured while working for the employer, then worker's compensation will cover it.
Why has she not just filed a claim with Enable directly? The company apparently helps those in need.
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Post by frankcor on Feb 5, 2008 20:36:24 GMT -5
What a tragedy. The saddest part may be that the driver's insurance company probably has some fine print in the policy stating they are not liable if the driver is in an accident while under the influence of drugs.
She will most likely end up on SSI disability. So sad.
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Post by Swimmy on Feb 5, 2008 20:39:04 GMT -5
That's assuming the driver had car insurance. Or that the driver even owned the car (or had permission to drive it).
Hopefully she'll be able to secure some type of reimbursement for her injuries.
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Post by thelma on Feb 6, 2008 11:52:04 GMT -5
Swimmy - WC DOES coverage an employee when they go home on their lunch break which is considered part of their employment hours with their employer.
This happened to me once when I was leaving my home after having lunch and fell down a flight of 5 stairs and injured my leg. All medical bills and time off from work were paid under the WC insurance protection at work.
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Post by kim on Feb 6, 2008 11:58:48 GMT -5
My mother had to have carpal tunnel surgery which was directly related to he work, and they didn't want to give her that workers comp. She got it, though.
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Post by Swimmy on Feb 6, 2008 13:03:03 GMT -5
I'll take you're word for it. I'm not about to go research and pull out the cases that defined what is covered under worker's comp. and what is not. I know the courts have held that lunch break is not considered work unless you are paid for it because you are not considered working for the company's benefit, especially if you're injured at your own house. Driving to and fro work is also not covered.
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Post by Swimmy on Feb 6, 2008 13:07:23 GMT -5
I also know that a secretary who injures herself applying mascara in the ladies' room (pokes her eye out) is considered to be working and thus her injury is covered under worker's comp.
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Post by kim on Feb 6, 2008 13:17:18 GMT -5
I also know that a secretary who injures herself applying mascara in the ladies' room (pokes her eye out) is considered to be working and thus her injury is covered under worker's comp. Now that's just stupid!
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Post by thelma on Feb 6, 2008 21:41:13 GMT -5
I'll take you're word for it. I'm not about to go research and pull out the cases that defined what is covered under worker's comp. and what is not. I know the courts have held that lunch break is not considered work unless you are paid for it because you are not considered working for the company's benefit, especially if you're injured at your own house. Driving to and fro work is also not covered. You're wrong! If you have the time to look up case law under WC, make sure it applies to New York State as each state's WC laws are different.
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Post by losjibaros on Feb 7, 2008 14:11:34 GMT -5
"This happened to me once when I was leaving my home after having lunch and fell down a flight of 5 stairs and injured my leg. All medical bills and time off from work were paid under the WC insurance protection at work. "
you should have sued the landlord.. and cut back on the liquid lunches... gravity becomes a bitch when your slaming shots before three..
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Post by thelma on Feb 8, 2008 0:08:56 GMT -5
Los - Were you born with an insulting mouth or did you acquire this trait as you got older?
Maybe someone should teach you about the Golden Rule as it is apparent no one has.
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Post by losjibaros on Feb 8, 2008 7:45:52 GMT -5
THE - How was that insulting, your the one that admited that you fell down at your own home and pulled a workers comp claim...
Am I the only sane person left???
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Post by thelma on Feb 8, 2008 8:35:47 GMT -5
YOU are the one who insinuated I was "slamming shots" and drinking a "liquid lunch" resulting in my falling down the front steps. Did it ever occur to you that this type of accident could happen from other reasons besides "slamming down shots" at lunch?
BTW - WC only paid for the doctor bill (that my employer insisted on me going to) as I did NOT miss any work.
You might win more friends if you would just practice the Golden Rule BEFORE posting one of your insulting remarks that goes beyond humor.
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