Question about self-paid insurers and workers comp

MissingMyOldSelf

Hi guys... hopefully you can help me and a co-worker out.

Three years ago, sitting here at work (which is a data entry, sitting on my behind, typing for12 hours a night job), I started getting left shoulder pain, which started radiating down into my left arm, and I got scared. The pain got so bad I couldn't even hold a pen to write. I called my husband, and he picked me up and took me to the ER. Before I left, I emailed my boss (who leaves 6 hours before we do), and he responded back with, "I DO NOT need you leaving tonight. You need to stay and help finish the night out, and then you can go." Well, I didn't get that memo in time, and I left. I also had a nice nastygram email the next day from him in my inbox.

The next day, I came back with my ER note, and he said, "Well, were you planning on making this a workers comp claim? Because we won't cover it." Um... well, I wasn't planning on that, but.... thanks.

Fast forward to this past Friday. My coworker complains about numbness in his hand, and swelling on the top of his hand. He goes to the dr yesterday, and he is medically off for a strained wrist Monday and yesterday. Today, he comes in to the boss's office with a dr's note, and our boss says, "Well, you're skating on thin ice with HR right now in a few ways. If you file this with HR as Workers Comp, it'll be denied. If you file it with insurance, it'll be denied."

First off... should a boss be talking to his employees like that? Second, how can a self-paid insurer fire you for filing a workers comp claim, especially when it happens on their company time? The "threat" made it sound like if he was going to file it as a workers comp claim, he'd immediately lose his job.

The only advice I could give my coworker friend was to talk to a lawyer and see what all they say. Has anyone had experience with this?

christine24t

I don't, but your advice to your coworker sounds solid to me.

Sky_Of_Aegis

A lot of it is a bluff usually because they don't want to pay out for worker's comp. Talking to a lawyer would be best though, so don't act on my advice. I know nothing of the sort, but there are laws and rules for a reason. He may just be fearful someone may do so, and actually get away with it. Bosses don't like the idea of their employees getting such things, and will say things whether true or not, to keep them from filing anything. Honestly, sounds like you all need new jobs :-/

MissingMyOldSelf

We've had a couple of instances where a daytime employee in a different department slipped this last ice storm we had in our parking lot, on his way to the terminal to visit, and he tore ligaments in his knee. He was off work for a week and was under physical therapy for at least 2 months. He never filed workers comp.

We had a lady in our department walk into our kitchen/break area two years ago, and the cleaning crew didn't put up the "WET FLOOR" sign where they just mopped, and this lady, who was in her late 50's, slipped and broke her ankle. Same boss told her before she even left to the ER that they wouldn't cover this under workers comp.

I guess I've just been naive in thinking that any injuries on the said employers property during your working hours were covered under workers comp at all times?


And the irony: they have tons of pin ups in the break room about how we're a self-paid workers comp company, etc. and all this stuff about "open door policy" about how we should feel comfortable going to our bosses with any issues we may have.

Sky_Of_Aegis

Worker's comp has to cover on sight injuries. Your boss is full of ****, and needs to *kitten* off and die. If she had hired a lawyer, he would have been chewed up and spit out!