Aces High Bulletin Board
General Forums => The O' Club => Topic started by: homersipes on August 22, 2012, 08:06:50 PM
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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.
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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.
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no the knives are just a hobby he has, he just carries his carvings and knives for something to do at lunch break
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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.
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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.
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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.
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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?
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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.
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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.
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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.
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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.
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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.
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He sounds accident prone.
at the risk of sounding overly mean....i think you meant to type clumsy.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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!
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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.
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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.
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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?
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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......
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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?!"
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at the risk of sounding overly mean....i think you meant to type clumsy.
Accident prone folks are clumsy. :D