Question
what will workers compensation cover?
My friend was at work at a call center and fell thru a glass window when she leaned back in her chair while on the phone with a customer. She got a lot of glass in her hair and skin and after goin to the hospital learned that she had sever whiplash and muscle spasms. She went back to work with the neck brace on and in severe pain because she thinks that if she doesn't go she will get fired.Can she sue? What should she do?
4 weeks ago - 2 answers
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First of all, she'd sue the person who caused the injury - HERSELF. Didn't her mother ever tell her not to lean back in a chair like that? This was entirely her own fault. Now, workers comp covers medical bills, and lost wages if you're disabled - medically unable to work. Usually you have to be out of work, with a doctor saying you're unable to work, from 3 to 15 days (varies by state). She's got nothing serously wrong. Whiplash is strain. That's it. It will self resolve in a couple of weeks, even without treating it. So she's right, if she doesn't show up to work, she'll be fired, because she CAN work at a desk job holding a phone up to her ear. In EVERY state, if you file the workers comp claim and it is accepted, you cannot sue the employer. In some states, as long as the employer has workers comp in place, you STILL can't sue them for a work related injury, even if you decide not to file the workers comp claim. You cannot both collect workers comp, AND sue the employer. And in this case, there is nothing to sue the employer for - she caused her OWN injury. And you don't get "pain & suffering" with workers comp. You don't get paid for the hour you take off to go visit the doctor or chiro, and you don't get paid for your gas to get there, either. What can she do? Sit on a chair properly, so she doesn't hurt herself again.
by mbrcatz
4 weeks ago
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Other Answers
Worker's compensation insurance covers medical expenses incurred, and nothing more. There is no coverage for 'pain and suffering'. Whether or not your friend should be at work is determined by the attending physician. If she is released to work, then she should be working. If your friend expects some other type of settlement, she will need to bring court action. And THEN she can expect to be fired.
by acermill- 4 weeks ago