workmans comp?

[bmwgs]

Depending on the state, there is usually a waiting period before you can file for a claim.  The least I have ever heard of is 3 days.  

Workman's Comp. Insurance is paid by an employer for the purpose of covering an employee's wages and medical costs resulting from an on the job injury.  Your friend was injured by tools not authorized or provided by his employer.  

To top it all off, he is trying to get compensation for something not much worse than a band aid fix.  If three stitches is keeping him from doing the job his employer hired him for, then he should count his blessings that he wasn't fired.



My 2 cents.

Fred

[mtnman]

I'm actually a Safety Manager for the company that I work for, so this type of thing is right up my alley...

Where I work, we actually go so far as to approve specific cutting tools for specific tasks, done by specific employees.  A non-authorized employee, or one using a non-approved cutting tool (or an approved tool for an unauthorized task) would be setting him/herself up for disciplinary action.

We also require the use of cut-resistant gloves anytime a blade is exposed (during cutting, or while changing dull blades, etc).

Employees are not allowed to bring their own tools from home.

If your friend would have brought a tool like his carving knives to work, he'd be looking at disciplinary action.  Had he cut himself with that tool on company time, he'd be looking at even more trouble.

The accident your friend caused will count against his company (it qualifies as an OSHA recordable injury).  If your friend feels he's entitled to worker's compensation, he can sue for it.  It's very likely he'll lose though, if the company can show that the injury was caused by personal, unauthorized, tools, and that the tools weren't being used for work-related tasks.

[Rash]

OSHA recordable's.


I was at a job sight a few years ago and it was kind of out in the woods.  They where digging a waste water pipe from the river.  One guy found a copper head, the decided to play with the snake.  Guess what happened next?  Depends on the state.  W/C in our state has a separate court.  For a while, it was valid claim, as long you were at work.  Now, you have to be doing something you where hired to do, or unsafe condition.  Like going to the bathroom and slipping on a slick surface.  Here, it's a Felony to claim a false work related accident.

[smoe]

If he complains, maybe make an offer to cut him check for a portion of the medical bill. However, probably a good idea to check with someone who is familiar with the laws first.

The company will most likely have to put up a memo for employees to NOT bring in non-work/non-required/non-approved tools.

[cattb]

Workmans Comp is like any other insurance company. They won't pay if they think they can get away with it.

I have to agree with said above statements. He should use his insurance ( hope he has some) and pay for the medical service and move on.

The part where his employer told him to use his insurance when he was hurt on the job. I had a employer say that to me once. I cut my self with a razor blade knife while performing job duty. Went to the hospital, recieved my stiches. Went back to work and handed my boss the workmans comp slip..o)..and went back to work, just couldn't use my left hand very good.

[bj229r]

Are job applicants allowed to be questioned about whether they have had workers comp-type incidents in their past? If so, this man is rendering hisself unemployable

[helbent]

Last year a buddy dropped a transmission we were carrying and sliced my shin open.  1500 bucks for 11 stitches.  Do not go to the ER for stitches.

[CAP1]

Are job applicants allowed to be questioned about whether they have had workers comp-type incidents in their past? If so, this man is rendering hisself unemployable

 TO THe best of my knowledge, at least here in nj, all i'm allowed to say about a former employee is if or not he was on time, and worked well. which means that the part timeer that just went to full time, probably shouldn't list me as a reference, as he had a no call/no show.

[VonMessa]

Last year a buddy dropped a transmission we were carrying and sliced my shin open.  1500 bucks for 11 stitches.  Do not go to the ER for stitches.

This was only three.

Three is an easy enough number to handle if you can tie a surgeons knot, depending on the location.

Butterfly bandage and some super glue works well in these cases, also unless the laceration is too wide or long.

[RngFndr]

I'm actually a Safety Manager for the company that I work for, so this type of thing is right up my alley...

Where I work, we actually go so far as to approve specific cutting tools for specific tasks, done by specific employees.  A non-authorized employee, or one using a non-approved cutting tool (or an approved tool for an unauthorized task) would be setting him/herself up for disciplinary action.

We also require the use of cut-resistant gloves anytime a blade is exposed (during cutting, or while changing dull blades, etc).

Employees are not allowed to bring their own tools from home.

If your friend would have brought a tool like his carving knives to work, he'd be looking at disciplinary action.  Had he cut himself with that tool on company time, he'd be looking at even more trouble.

The accident your friend caused will count against his company (it qualifies as an OSHA recordable injury).  If your friend feels he's entitled to worker's compensation, he can sue for it.  It's very likely he'll lose though, if the company can show that the injury was caused by personal, unauthorized, tools, and that the tools weren't being used for work-related tasks.

Was wondering when someone would point this out...
Could even be cause for dismissal.. Thin Ice!

[Dragon]

Ohio W/C doesn't pay the first 5 days.  


Your friend needs to count his blessings, pay his self inflicted bill, buy a new carrying case, and be lucky he doesn't get fired for bringing a "knife" to work.


The government doesn't owe the stupid anything even though they think they are "entitled" to it.

[Rino]

     Another thing your friend might consider, filing lots of WC claims can't be punished directly.  But a company notices when they
have this kind of employee, and alot of times it corrects the problem indirectly.  Not saying it's right, just saying it happens.  Whom
would you want to keep, the guy who works without complaining, or the guy who's always getting "hurt".

     Funny thing about my settlement, they finally settled earlier this year.  But because I'm currently on Medicare for a different
medical problem, they have to make sure that Medicare didn't pay any of my hearing claims.  Since Medicare doesn't cover hearing
loss and I haven't had treatment for my hearing should be a 5 minute phone call to fix, right?  Nope, the company's insurance is
drawing out the process for months and there is nothing to be done.  They will drag their feet until the very last second, because they
are making interest on the money they are not paying out.

     I swear all these things makes worker comp more a pain than it's worth sometimes.

[rpm]

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

This. Non-job related, personal hobby tool, his own negligence. Why would he even expect the company to pay for it?

[Rash]

75% of my work is in oil refineries.  We wear nomex fire suits.  I had a guy lean his shoulder into a steam trace line.  It put a red mark about the total size of a quarter.  He demanded treatment, and he got it.  A few month later, he shoved a fellow worker, and I fired him.  A few months later, I get a notified.  I'm being sued by him for disfigurement!?  Second degree burn?  No Blister?  W/C paid him 15,000.

Then the one time a guy claimed he was bitten on the apple by a spider, while on the job......

[CAP1]

75% of my work is in oil refineries.  We wear nomex fire suits.  I had a guy lean his shoulder into a steam trace line.  It put a red mark about the total size of a quarter.  He demanded treatment, and he got it.  A few month later, he shoved a fellow worker, and I fired him.  A few months later, I get a notified.  I'm being sued by him for disfigurement!?  Second degree burn?  No Blister?  W/C paid him 15,000.

Then the one time a guy claimed he was bitten on the apple by a spider, while on the job......

 a friend of mine....i've mentioned him in these boards in the past.....the one with the offspring that no one likes, the ones that kept getting kicked outta school, even though it wasn't their fault, the ones that couldn't hold a job........well.......the one was working for a cut-throat car dealer as a mechanic. he was test driving a car on rt42. at 70mph, the brakes supposedly locked up all by themselves. not possible. he got into a pretty big pile up, and only very crazy minor injuries. as it turned out, his employer, was 1)paying him under the table, 2)wasn't carrying workmans comp. the kid sued the guy, and won. something like $30k.
 my friend told me about this, and my instant reply was somethign like "and you wonder why i don't wanna hire your kid?!"