Workers Comp Question

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mikehardware · #1 Post by **mikehardware** » Wed Jun 11, 2008 5:18 pm

We've got a family friend who got hurt at her job. It's a small hearing aid place here in Alabama. She was asked to come in on a Saturday to let in the air conditioner repair guy. She took a tumble and messed up her ankle, requiring surgery.

Is this something that should be covered somehow? So far, she's out for the medical bills and missing her normal income. Thanks for the help!

Ritterskoop · #2 Post by **Ritterskoop** » Wed Jun 11, 2008 5:27 pm

I think so. She was on the job.

sunflower · #3 Post by **sunflower** » Wed Jun 11, 2008 5:45 pm

How long ago did this happen, and did she report it promptly?

mikehardware · #4 Post by **mikehardware** » Wed Jun 11, 2008 6:02 pm

sunflower wrote:How long ago did this happen, and did she report it promptly?

It happened on May 31. The boss is well aware of the accident. (The air conditioner guy was there, and they had to call an ambulance for her.) There's been no paperwork filed that I'm aware of. The boss apparently basically told her tough luck.

sunflower · #5 Post by **sunflower** » Wed Jun 11, 2008 6:08 pm

mikehardware wrote:
sunflower wrote:How long ago did this happen, and did she report it promptly?
It happened on May 31. The boss is well aware of the accident. (The air conditioner guy was there, and they had to call an ambulance for her.) There's been no paperwork filed that I'm aware of. The boss apparently basically told her tough luck.

She might have a case if the AC guy can vouch for her. Alabama statute does require written notification to the employer within 5 days, which it doesn't seem happened here. But if she can prove she tried to report it and he wouldn't accept the report, maybe she can get at it from that angle. I would recommend that she contact an attorney in Alabama who is familiar with the W/C Act, but here is a link to it:

http://www.legislature.state.al.us/Code ... 123309.htm

Otherwise, perhaps the staff in the W/C division of the state can assist (if she doesn't want to or can't afford to retain an attorney).

http://dir.alabama.gov/wc/directory.aspx

Good luck!!

jaybee · #6 Post by **jaybee** » Wed Jun 11, 2008 6:31 pm

It's up to her employer to report it, not her. However, when she went to the hospital, the first thing they should have asked her is if it was a work related injury. If she told them no, then that could be a problem for her. Otherwise, if the holdup is the employer not filing then he will live to regret it and she will be covered. You just don't screw around with the WC police.

kayrharris · #7 Post by **kayrharris** » Wed Jun 11, 2008 7:38 pm

You mentioned it's a small company. In Alabama, if you don't have more than 4 full or part time employees you are not required to carry w/c. He may not have any. Nevertheless, he should still be responsible for her injury.

If he has a policy covering his office, it should have medical coverage on it for her hospital bills. It won't cover her time out of work.

jaybee · #8 Post by **jaybee** » Wed Jun 11, 2008 7:49 pm

kayrharris wrote:You mentioned it's a small company. In Alabama, if you don't have more than 4 full or part time employees you are not required to carry w/c. He may not have any. Nevertheless, he should still be responsible for her injury.

If he has a policy covering his office, it should have medical coverage on it for her hospital bills. It won't cover her time out of work.

Good point, I hadn't thought of that. We're in construction so even if we only had one employee we'd need WC.

sunflower · #9 Post by **sunflower** » Wed Jun 11, 2008 7:55 pm

jaybee wrote:It's up to her employer to report it, not her. However, when she went to the hospital, the first thing they should have asked her is if it was a work related injury. If she told them no, then that could be a problem for her. Otherwise, if the holdup is the employer not filing then he will live to regret it and she will be covered. You just don't screw around with the WC police.

Perhaps the employer has to report it to the state, but the statute is pretty clear about the employee reporting to the employer in writing within 5 days of the incident:

"Section 25-5-78
Written notice to employer of accident — Required.
For purposes of this article only, an injured employee or the employee's representative, within five days after the occurrence of an accident, shall give or cause to be given to the employer written notice of the accident. If the notice is not given, the employee or the employee's dependent shall not be entitled to physician's or medical fees nor any compensation which may have accrued under the terms of this article, unless it can be shown that the party required to give the notice had been prevented from doing so by reason of physical or mental incapacity, other than minority, fraud or deceit, or equal good reason. Notwithstanding any other provision of this section, no compensation shall be payable unless written notice is given within 90 days after the occurrence of the accident or, if death results, within 90 days after the death."

SportsFan68 · #10 Post by **SportsFan68** » Wed Jun 11, 2008 9:37 pm

Workers comp laws vary widely from state to state, so I can speak only for Colorado.

In Colorado, that employer would be paying all the medical bills, or seeing to it that they were paid by his WC carrier, plus most of the time off. This is despite the lack of a written filing -- he basically told her not to turn in a written notice, and any Administrative Law Judge in Colorado would waive the requirement because of that.