injuries
Question
My boyfriend sustained an injury at work today...?
My boyfriend works in a privately owned coffee shop in town where we live. Today, just seemed to be his lucky day. He works in the kitchen and is a barista there as well. He was cutting hummus in a broken, decrepit food processor that wasn't thrown out or replaced and is owned by the owner of the store. Well let's just say that this processor is WAY beyond repair, you have to use a pencil to turn it on and off. I mean come on. <(As a side note, food processors have a built in safety mechanism that keeps them from operating when the top is off.) Anyway, he chopped the hummus and after making sure it was off, like any capable human being would, he reached inside to take the blades out to refill and continue doing his job, when it shorted out and turned on while his hand was still inside. Needless to say, it was pretty bad. So after getting to the hospital, checking in, being seen by the doctor and leaving, he comes to find that the owner has been making his other fellow employees sign a form that stated he put his hand in it while it was still on and the top was off, when in fact there was was about four other people in the kitchen when this occurred, but no one saw it happen or mentioned the fact that it was still on. Okay, a couple things I should fill you in on before we continue. One - the owner of this restaurant is a ex-serviceman and accountant. Two - half of her "employees" are actually volunteers working for food credit, Three - It is NOT a known fact if she has actual business insurance or not, Four - She's fighting Worker's Compensation about this incident. Five - She actually stated to other employees that if he has outside insurance, there would be no need to claim through workers compensation. If you where in this situation and dedicated your life to help run another "good natured" person's business, a STRUGGLING business at that, to keep it open, what action would you take? If you are like me, I told him to sue her ass. Yes in fact he can. It was his finger, not his c*ck.
4 weeks ago - 5 answers
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Chosen by Asker
Employees working for food credits are still employees. If she's fighting someone over Workers Compensation, she has a policy. She's dead wrong, though - even if she has no workers comp coverage, SHE is on the hook for all injuries, medical bills, and lost wages. If she has no money, good luck collecting. BF's private health insurance won't cover a work related injury. If BF can't get a claim number and adjuster's name, he needs to get a lawyer, PDQ. This is an open and shut case, but it can take TIME to get the bills paid - meanwhile, they'll to go collections and KILL his credit rating.
by mbrcatz
4 weeks ago
Asker's Rating: 
Other Answers
for one all the equipment should be in proper working order which it was not and it would seem she was forcing people to sign something that they didn't even see happen.it was an accident that happened on the job so therefor workers comp should pay.if she is fighting this i would sue her.you have a good case.don't let her get away with anything she isn't doing you any favors.
by dick_ked- 4 weeks ago
Forget all of that. Just file for workers comp as you normally would. Tell the truth at the hearing. It will all work out. I doubt any minimum wage restaurant employees will lie for the owner at a government hearing. No minimum wage job is worth that.
by Lisa A- 4 weeks ago
File for workers comp. I rather doubt the state would care if he was idiot of enough to put his hand in a machine that was running anyway. I'd like to see the employer try to present these pre-written forms to a Hearing Officer. That's not how the system works. If the claim is denied, hire a workers comp attorney.
by MagnusMoss- 4 weeks ago
Work comp is no fault, so it does not matter whose fault it is, you are covered. Some small employers get all upset about injuries and think their premiums will go up, and they might. Any paper the other employees signed regarding this incident has no bearing on compensability. You cannot sue your employer for damages because the equipment is faulty either. She can fight the claim, but she has no basis at all for the insurance company to deny it. Again work comp is no fault, so it does not matter who is at fault, the injury is covered. Also any "outside" insurance will not cover this incident because it happened at work. Your husband's boss sounds like she is panicking over this, just hang in there, your husband has a valid claim. If the employer is fighting this, it might be time to consider an attorney, they will usually review your case at no charge. Remember, they will take a percentage of any money your husband would receive. Another reason for her panick is she has no work comp insurance, however your boyfriend will still be covered by the state fund or some similar agency. They would go after the employer for payment of the claim and probably fines.
by Don Drapers woman- 4 weeks ago