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Newbie question: Off the Clock...
#1
Hi everyone,
I'm new here and have a question. Yesterday as I was walking into work, I slipped on ice in the parking lot. I wasn't seriously hurt, but can tell you I AM feeling it as of this morning. The upsetting part was that immediately upon entering the door I told my store manager what happened, and he wasn't at all concerned; did not offer for me to fill out any incident report. He is somewhat of a "bad boss" to begin with, but I didn't at all expect that he would nonchalantly ignore an accident. I had to complete a nearly 9 hour shift injured, in moderate pain. I did call the corporate office and spoke with a workers comp. rep and was told to tell the manager to file a report as soon as see him.
My question is, given that I wasn't clocked in yet is this even considered work related? I wasn't in the store but rather in the parking lot. Would I be fighting a losing battle? I'm not looking to take time off of work, but in the case that I develop problems that need medical attention I need to know where I stand. I look at it as the accident would not have happened had I not been going to work. What, if any rights do I possibly have?
Thank you in advance to any and all replies...
 
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#2
Your Profile doesn't show what State this is in, as each State is very different from the next, so it makes it very hard to answer this. Please Up-date your profile, and add your State, then tell us your State in this Thread.

Next, it is good Policy for any Boss or Upper Management to file a First Injury Report. As this does protect the Employer in more ways then one. You may wish to ask your Boss to file the injury Report in writing. Then you atleast have proof you made the attempt.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#3
I agree wth Badboy....About 6 years ago while on my way across employer's parking lot I slipped and hit my head. My immediate supervisor couldn't have cared less but I did. I suffered a concussion that lasted 3 months, it was the beginning of my neck problems, and I was made to work like that for 3 months. Never taken out of work and dizzy the whole time. The Dr. didn't think I should drive though. he injury I just settled on of course past injuries with same employer came up. Reporting this slip and fall was of benefit to me when I won. Always report an injury.
 
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#4
ordinary local commutes-- going and coming to work --- are specifically excluded from work comp coverage.
There may be special circumstances in your situation that change that. One that often does is the ownership and maintenance of the parking lot where the slip occurred.
you can report the incident directly to the employer's comp carrier and see what their decision is.
if it's denied you can appeal to the comp court.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
you can always offer to file a cival lawsuit for the fall...that might change his mind on fileing a report.... in any case get ahold of your HR person and file on your own better to be safe than sorry.....
........I love cats, I just cant eat a whole one by myself......







 
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#6
I agree with the group...my employer owned the parking lot so it was a WC claim....if your employer doesn't own it and it wasn't cleaned off properly I believe the owners liability would be what you would go after.
 
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#7
But, like in my State and some others, they consider the parking lot, entering, or leaving work in such desiganated lot and primary work injury.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#8
Badboy...I'm sorry...I'm not following you.Rolleyes
 
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#9
Hi all!!
Sorry I did not reply sooner, my pain is getting worse so i've been napping quite a bit. I'm in Ohio, and I did try to look up info at the state website, but unfortunately all of my computers are Macs so Safari was incompatible with their site.
Yesterday my manager was not there so I couldn't file a report, however I will see him today. I called HR again just now, and was told that even if I feel like medical attention is not necessary, a report still needs to be done. It should have been done anyway! I'm soooooo angry at him; more pain I have the more upset I get. I'm considering going to an urgent care today and not even going into work....
Thanks to all who answered; I meant to write in the first post that I'm in Ohio but I forgot. Sorry! Wish me luck if I do go in today-This guy is a monster jerk, the "bully" type, and I will most definitely be belittled, and made to feel like a whining employee trying to fraud my company.

********EDIT********

Wow! I just called into work-I decided to go to an urgent care. My boss basically did what I figured. I said I'm going in to see a doctor because of what happened the other day, and also that a report should have been done. He said "geez, it took 2 days for you to be in pain? So, besides calling in, what are you getting at? I mean, why are you telling me I need to do a report? Nature is nature...we can't control ice. Do you expect the company to pay for something that happened in the parking lot? That's like if you fell at Walmart. What are you gonna do? Start a law suit against Walmart when the ice isn't their fault? I don't see what you're getting at." I told him simply that I was told by HR that a report needs to be done, and should have been done. I even mentioned who I talked to. He replied that he will call them himself to "get the story straight". What a jerk!!!!!
2 minutes later he called back but I was unable to answer, so he left a message saying that he did call corporate and he just wanted to let me know that I could file a workers comp claim at the clinic.
I bet he felt stupid after that. I'm not trying to get a buck, I just want my bills taken care of, given that my health insurance has a $3000.00 per year deductible, which I've come nowhere near meeting. Besides that, the lot should have been maintained! It was forecast that morning that there was black ice EVERYWHERE here in Cleveland. That lot should have been treated with salt. Even 2 hours later, a customer came in and said that he fell on the ice, and I know he was telling the truth because his paperwork was wet and had dirt all over it!!

Thanks for letting me rant! I appreciate all the help from you guys. You've treated me with more concern and respect than my boss ever will, and I'm grateful. I will keep everyone posted.

M.F
 
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#10
I think you should file the claim and then take yourself to the ER, or better yet if your employer has a panel of Dr.s that you need to see pick one and go take care of yourself.
 
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