Will my situation qualify for worker's compensation?
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Will my situation qualify for worker's compensation?
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Here's the situation of what happened. I work at a smaller sized company of probably about 45 people. I was walking out into our hallway with a concrete floor(this will come into play later) and all of a sudden I lost consciousness. I felt myself starting to fall but it was too late and I lost consciousness and fell on my face. I began to gain consciousness pretty quickly but slowly at the same time as a couple of co-workers began to help me. Nobody was right there to see it happen but they heard me fall and came to see what happened. I was bleeding pretty heavily from my mouth and nose, which ended up being displaced front upper teeth and a moderate laceration to the inside of my lip. Our manager drove me to the hospital where they were unable to determine the cause of me losing consciousness, blood sugar was fine and EKG showed nothing. I was able to see my orthodontist who said that he can't do anything about the teeth until he gets x-rays for me on Friday when everything is open again. The doctor also told me that based on my work schedule and everything it may have been stress related and I should take a few days off to relax if possible.
I'm worried about two things with taking time off. Although my work will have no problem filling my spot for a few days I cannot do it without pay which means having to file for workers comp. The doctor told me that I should, but didn't require it. Being a small company I am worried that my employer might be upset if I file for workers comp because their rates may go up. I'm in California if it changes anything.
Any help or suggestions is appreciated. Thanks.
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michr
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file the first report of injury with the employer if you have not already. one injury does not effect the employers rates for workers comp insurance, rates are set based on a history of accidents. the employer can not take any employment action against you based on the fact you filed a claim regardless of how it turns out.
if this is not covered the insurance carrier will let you know, their decision will be based on the injury report, witnesses, doctors statements and past medical history.
if you are only out a couple of days you won't receive anything in the way of wages under workers comp anyway you must be out of work more than 3 days to receive temporary disability benefits. your benefits are 2/3 of your normal weekly pay.
http://www.dir.ca.gov/dwc/WCFaqIW.html#4
for a simplified chart that shows how the process works in California:
http://www.dir.ca.gov/dwc/InjuredWorkerInfo/Claimsprocess.pdf
for detailed information and assistance see:
http://www.dir.ca.gov/dwc/IandA.html
if it is determined that this is not work related you may qualify for California's Short-term disability program, for info:
http://www.edd.ca.gov/Disability/Disability_Insurance.htm |
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Steve L
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If the injury occurred on the job it is covered under worker comp. I am a school bus driver and I was walking to the building from parking lot to the building at 5:30 AM I slipped on the ice. I injured my back. The Dr first diagnosis revealed a soft tissue injury. When I didn't get any better they ordered X rays and found the possibility of compressed fractures they ordered an MRI which revealed two compressed fractures.The Surgeon who did the operation would not do the evaluation so I went to another Dr who ordered a second MRI. This revealed that the surgery was successful however I had degenerative damage which place permanent work restriction which would restrictions which would prevent me from doing my job.
Your employer is not going to get upset because you filled for worker comp and he can not fire you. I hope my story will help explain what is work related. If I can be off assistance please don't hesitate to email or IM me |
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donfletcheryh
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Workman's comp would resist paying if they get the whole story.
In general stress may not be eligible for Workman's comp until you can demonstrate that the job is primary or only cause of that stress. For instance if you are not getting exercise and you might be having a rough time at home, you do not have a case. An air traffic controller or a police officer just might count stress a job related event. |
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aylaty
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So this was not a work related injury, you just passed out, I would say not, and yes it will put their rates up. Also if the manager drove you to the hospital, he knows it isn't a work related injury, nothing you were working on caused it. I would say it would classify as illness, and be dismissed as a frivolous claim. |
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