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laffytaffy | Employee injured during lunch beak claiming Worker's Comp. Can he? |
I own a body shop. One of my employees got hurt playing soccer during his lunch break. He is claiming worker's comp because it happened on my property. Does he have a right to claim WC?? Do i have any rights?? |
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Jason S
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It is a Gray area when you are talking about a "lunch break". However, it would probably be more beneficial for you to have the Work Comp pay the claim, because the other option is that there IS coverage under your Liability policy and that could affect the amount of money you pay per year.
Long story short here, there is more than likely NOT coverage under the Work Comp, however, he was injured on your property and thus there probably WOULD be coverage under your Liability policy. Speak with your insurance agent immediately, before this goes to lawyers and makes things MUCH worse.
Good luck! |
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Kris
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You need to talk to your Workman's Comp Insurance Agent. They can tell you what to do. I DON'T think that this is a workman's comp case at all. I mean, if you have insurance on your property (like homeowners) then he can probably have things go through that policy to have medical bills covered to a certain amount but as far as workman's comp. I doubt it. You need to get in touch with your Insurance rep/agent ASAP and tell them what happened. They will investigate his case then. |
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Deliah
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And your Lawyer says.......
Look this is no place for good legal advice go see a Lawyer! |
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myfrenzcallmeheath FM
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IT DEPENDS... DID HE CLOCK OUT ON HIS LUNCH BREAK?? IF SO, I DOUBT HE COULD GET WORKERS COMP... AND SINCE IT WASNT WORK RELATED AND HE WAS PLAYIN SOCCER... I WOULD ALSO SAY PROLLY NOT. |
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Christie
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You should contact a lawyer who can answer this easily. I believe the rules are different based on where you live. |
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mamatohaley+1
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I agree that it would probably not be covered under WC but am not sure what liability coverage would apply. In order for liability coverage to apply you would have to be negligent in some way. I doubt you were. I think he is on his own. |
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darcymc
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Did he clock out during his lunch break? Was he on your property and clocked in when he got hurt you might have a problem. |
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stephenweinstein
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If you told him to play soccer, yes.
If he decided to play soccer, I am not sure.
In either case, you should not allow soccer playing in a body shop. |
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William
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This is very gray. If during the course of work, even if it was during working hours, an employee is injured doing something not a part of his job duties, he may not be entitled to workmen's compensation. This definitely sounds like a case in which it was done during his lunch hour and not a part of his normal job. You may have some liability on your porperty if there was something that caused his injury. |
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Christa
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nope he was on lunch break...must be on the clock to claim WC! |
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