Helping sister

[dn4192]

Since she wasn't on the clock, could she refuse the WC and state she was going to sue instead?

1171 Wrote:the worker doesn't get to chose - if it's a work comp injury then civil suit against employer is out.
it's in the employers best interest to accept it as a work injury and prevent civil liablity.

[bagpussinamerica]

I am guessing that trying to sue could go against you since the employer would more than likely be just fine with a workers comp claim. Personally I would not want to open that can of worms. And think about all those lawyer fees. But this is something that is entirely up to you guys. I could be a pretty long upward struggle that may, in the end, just not be worth it.

[dn4192]

Well she got released from the Hospital on Sunday after spending Thur-Sun there. She will be using a walker for the next month or so and her employer has said they will find non standing work for her to do, plus her other part time job of grading tests is a sit down job, so she is going to go back to work next week. She is also continue to look for fulltime employement thus being able to file for unemployement. Her biggest challenge is going to be using the walker with snow on the ground. So Macy is getting off just paying the hospital bill which I bet will be over $10,000 eaisly.

bagpussinamerica Wrote:I am guessing that trying to sue could go against you since the employer would more than likely be just fine with a workers comp claim. Personally I would not want to open that can of worms. And think about all those lawyer fees. But this is something that is entirely up to you guys. I could be a pretty long upward struggle that may, in the end, just not be worth it.

[Bad Boy Bad Boy]

You know what, The employer isn't getting off with anything, such as just paying a hospital bill. The employer is doing something here and your not seeing it. You sister got hurt, they are helping by helping her get better. They then are offering her work, were many employers just don't do this. The will pay her medication and further treatment, so she can get better.

[dn4192]

I hope your right, I hope this major department store will do the right thing and cover all her hospital/rehab bills and provide her with employment equal in the hours she was getting before the accident. If they do, then I believe they have done what they should. We will have to wait and see.

Bad Boy Bad Boy Wrote:You know what, The employer isn't getting off with anything, such as just paying a hospital bill. The employer is doing something here and your not seeing it. You sister got hurt, they are helping by helping her get better. They then are offering her work, were many employers just don't do this. The will pay her medication and further treatment, so she can get better.

[ace25]

dn4192 Wrote:Well she got released from the Hospital on Sunday after spending Thur-Sun there. She will be using a walker for the next month or so and her employer has said they will find non standing work for her to do, plus her other part time job of grading tests is a sit down job, so she is going to go back to work next week. She is also continue to look for fulltime employement thus being able to file for unemployement. Her biggest challenge is going to be using the walker with snow on the ground. So Macy is getting off just paying the hospital bill which I bet will be over $10,000 eaisly.

Maybe your sister will get lucky and fall somewhere else with her walker. If she is really lucky, she'll break something, and then can sue whoever owns that property, since that is what you seem to be most concerned with.

Its amazing to me. I lived many years in a snowy climate. Floors get wet. Your sister, who apparently is not responsible for anything she does, except balance multiple part time jobs and unemployment compensation, fell on her ass, and you think the employer just "gets off" by having to pay a measly $10,000+ bill. And we wonder why companies that can go overseas do.

[dn4192]

Well my sister had a full time job with a major engine maker in the HR deparment until our economy went into the trash. Since mid Feb 2009 she has sent out more then 200 resumes and hasn't gotten anything but part time job offers. She fell because the store didn't provide adequate floor covering to sop up the snow off of peoples feet. My sister is not the one asking the questions I am. Seeing that some bright bulb in the gov't thinks that people can somehow live on 66% of thier income via WC must not have a clue on how people survive. I mean really, in today's economy especially who can live on 66% of what they are making? Also since the store was at fault, shouldn't they pay the bill? As for the cause for companies to "leave" the US, that is such a large boat full of BS, well that's for another forum.

Maybe if companies started to understand what is actually going on in the world, they would make sure to avoid issues such as what happen to my sister. She would never consider sueing them, you can bet your boat, had that been me, I would be retiring on what they would be paying me.

ace25 Wrote:

dn4192 Wrote:

maybe your sister will get lucky and fall somewhere else with her walker. If she is really lucky, she'll break something, and then can sue whoever owns that property, since that is what you seem to be most concerned with.

Its amazing to me. I lived many years in a snowy climate. Floors get wet. Your sister, who apparently is not responsible for anything she does, except balance multiple part time jobs and unemployment compensation, fell on her ass, and you think the employer just "gets off" by having to pay a measly $10,000+ bill. And we wonder why companies that can go overseas do.

[Bad Boy Bad Boy]

DN, we understand what your saying. But, if it weren't for the 66% TTD pay, then how would anyone get any supplement income when injured. The real question would then be, how do people survie with no income if they didn't get the 66% pay?

I have a theory too, as you did say the employer was the responsible one here, as they are when a employee becomes injured. But, hey, where was the Main man, or the cleaning person? Are they not the ones that take care of spills and such? So, being said, it wasn't the employer that caused injury to your sister, but, it was another employee that did, because they were not keeping up, or they were not notified by another employee of the mess on the floor.

We can't always blame an employer because she lost her job and now all she can get is part time work neither. We can though take what is offered us, and do what we can till things get better.

[ace25]

Had it been you, and you were their employee, you'd be filing the same WC paperwork and find yourself being treated within the WC system just like your sister. You would not be suing, since workers' comp is an "exclusive remedy". The employer accepts responsibility in exchange for protection against lawsuits. You would be in the exact same situation, just angrier, and slightly more aggressive with your walker.

Workers comp is a safety net, not a security blanket. The 66% is tax free, so for lower income employees the difference is not as stark. The real fun is when you start hitting the maximum payout limits. In Indiana that is $650 a week. That means if you made $1500 a week and get hurt, the max you'll make is $650.

The moral of this lesson is, pay attention to your surroundings, exercise due care, and take some accountability for your actions. Workers' comp is not a place to want to spend a lot of time.

[dn4192]

Since she was not on the clock I could see where the employer could very easily claim they are not responsible, and do you believe that if given that opportunity they wouldn't? So why shouldn't she or any worker consider that? If she was on the clock or any employee is on the clock then WC should apply, but again I have issue that it shouldn't be 66%, but in fact full pay. Especially when that accident is due to the companies lack of providing a safe work envirnoment.

ace25 Wrote:Had it been you, and you were their employee, you'd be filing the same WC paperwork and find yourself being treated within the WC system just like your sister. You would not be suing, since workers' comp is an "exclusive remedy". The employer accepts responsibility in exchange for protection against lawsuits. You would be in the exact same situation, just angrier, and slightly more aggressive with your walker.

Workers comp is a safety net, not a security blanket. The 66% is tax free, so for lower income employees the difference is not as stark. The real fun is when you start hitting the maximum payout limits. In Indiana that is $650 a week. That means if you made $1500 a week and get hurt, the max you'll make is $650.

The moral of this lesson is, pay attention to your surroundings, exercise due care, and take some accountability for your actions. Workers' comp is not a place to want to spend a lot of time.