workmans comp?

[homersipes]

a coworker likes to whittle wood(pics tomorrow hopefully) had his carving knives in his work bag, one of them slid out of his case and poked through the bag and cut his leg on company time and the jobsite, he whittles at lunch break is why he had his carving tools.  the cut resulted in 3 stitches, he had to pay for it not workers comp because it was "his personal tools"  does this sound right to any of you guys??  Seems wrong to me, but I have been wrong before. 

[Rino]

     I guess a lawyer is the best bet for this one.  Were the carving knives required for his job?
I'm not the best guy to ask, I filed in 1/2009 and am still waiting for my settlement for hearing loss.

[homersipes]

no the knives are just a hobby he has, he just carries his carvings and knives for something to do at lunch break

[uptown]

He's S.O.L.


Those tools that poked or cut him wasn't related to his job or job duties. And if I understand you correctly, he wasn't actually working at the time of injury, but was on lunch break.

Workers Comp pays for WORK RELATED injuries.

[shotgunneeley]

I have no idea what he's entitled to by law, but according to the organ between my ears I'd say no.

I work in the woods as a forester: If I were to be bitten by a cotton mouth while crusing some timber, I'd be entitled to worker's comp. If I were to take my deer rifle out there with me to sight it in during lunch and shot myself in the foot then, it'd be my own dang fault and I would pay the hospital fee out of my own pocket.

[homersipes]

from what he had told me he was getting his bag out of the back of the truck to start the job when it had happened, it didnt happen on luch break, he carries all of his work tools and carving tools in a duffel bag. 

[Delirium]

I would just pay for the 3 stitches... depending on what he does for a living, his employer probably has policies against personal articles like guns, knives, etc on company property. If he pushes it, they could instead just push him out of his job altogether for violating policy.

To put it another way, even if he does win and his employer pays for the stitches, they will immediately pass regulations against just implements on the job site. This will mean he can never whittle during his break time again. Is it worth the hassle of losing his job, or (at the very least) losing his hobby during his lunch hour?

[Shuffler]

a coworker likes to whittle wood(pics tomorrow hopefully) had his carving knives in his work bag, one of them slid out of his case and poked through the bag and cut his leg on company time and the jobsite, he whittles at lunch break is why he had his carving tools.  the cut resulted in 3 stitches, he had to pay for it not workers comp because it was "his personal tools"  does this sound right to any of you guys??  Seems wrong to me, but I have been wrong before. 

Seems right. Why would the company pay for him hurting himself with his carving knife.

[homersipes]

tis true delirium tis true.  He has been screwed over by the company 2 other times regarding workmans comp, the first he was under a mobile home cleaning out debris, job related from the flood last year, scratched his hand on the frame it got infected, missed time from work, 6 days I think and they made him use his personal time to cover it, the second time he stepped on a screwgun left on the stairs at the shop(on company time) twisted his ankle out another 4 days with a note, had to use personal time again, now this time.  lol he said he has had it and is looking for another job.

[Shuffler]

tis true delirium tis true.  He has been screwed over by the company 2 other times regarding workmans comp, the first he was under a mobile home cleaning out debris, job related from the flood last year, scratched his hand on the frame it got infected, missed time from work, 6 days I think and they made him use his personal time to cover it, the second time he stepped on a screwgun left on the stairs at the shop(on company time) twisted his ankle out another 4 days with a note, had to use personal time again, now this time.  lol he said he has had it and is looking for another job.

He sounds accident prone.

[CAP1]

a coworker likes to whittle wood(pics tomorrow hopefully) had his carving knives in his work bag, one of them slid out of his case and poked through the bag and cut his leg on company time and the jobsite, he whittles at lunch break is why he had his carving tools.  the cut resulted in 3 stitches, he had to pay for it not workers comp because it was "his personal tools"  does this sound right to any of you guys??  Seems wrong to me, but I have been wrong before. 

 why should his employer have to pay for an injury that shouldn't have happened? he shouldn't have had them on him while actually working.

[Volron]

If his carving tools were part of his job requirements, then he should be okay.  But since they are not part of his job requirements to have them (based off the limited information provided), he's S.O.L.

He should be keeping both of his work tools and recreational tools in separate bags.  As you have mentioned that he kept both his work tools and carving tools in the same bag, it's possible that his job required tools may have damaged the case.  This could have caused one of his carving tools to come out and result in the injury.  If that is not the case, he was negligent in that he didn't make sure the case was properly secured and/or in good shape, and if the bag would be able to withstand something like that.

In the end, he should never have mixed his work required tools with his recreational carving tools in the same bag.

As for Workman's Comp, he will have to talk to a lawyer to get the information he wants.  Tell him to call a lawyer if he wishes to take the matter to court, however it's very likely that they will lose the case.  Again, this is only based off the limited information you have provided.

[CAP1]

He sounds accident prone.

 at the risk of sounding overly mean....i think you meant to type clumsy.

[SIK1]

Really?
It doesn't seem right to you that workers comp doesn't cover your friends injury. An injury caused by his personal tools that he's not using for the job, and his own negligence. Why should workers comp cover that?
Why does everybody think that someone should take care of them. Your friend is lucky he didn't injure someone else with his tools. If I was his boss I'd send him down the road.
Maybe your friend will now properly keep his tools so he and no one else gets injured by them.

[homersipes]

lol yes he is quite clumsy,

It doesn't seem right to you that workers comp doesn't cover your friends injury. An injury caused by his personal tools that he's not using for the job, and his own negligence. Why should workers comp cover that?

yes this is true, and I agree 100%, but I "thought" if you were injured on the job workers comp covered you, I never thought much of "personal tools" and injury on the job.  I have to agree with what you all have said, I just have a sour taste in my mouth for the company for my own personal dealings with the management(yes I am trying to get out of the job myself), it makes sense as to what you all have said after looking at it from a different view.  Just in my personal issues with the company in the last 6 months or so, seems like they just want to put the screws to all employees, to cover their own backs.