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Post by crimsoncat05 on Jan 7, 2021 18:11:55 GMT
What!! Workers Comp! That idiot needs to be held accountable. THIS!! that was totally stupid of his coworker.
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Post by LilyRose on Jan 7, 2021 19:36:24 GMT
Respectfully, I disagree that this is a workers comp case. Your husband’s employee wasn’t negligent here. Some asshole coworker was an idiot. I’m not sure the company should be on the hook for that. Do you disagree because you think they shouldn’t be or because of work experience with WC or in the legal field? Not snark, just looking for more background on your statement. I have not had any personal experience with worker’s comp, nor am I in the legal field. But why should the employer be responsible for the costs when nothing they did caused the OP’s husband to be injured? Now, I would certainly hope he would not have any trouble being paid short term disability. But I agree with others who suggest the idiot’s homeowner’s insurance be brought into this.
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Post by malibou on Jan 7, 2021 19:57:56 GMT
This is absolutely a Worker's Comp claim. 1. Dh was at the warehouse where he is employed. He would not have been there otherwise. 2. The other man engaged in horseplay, not Dh, therefore horseplay defense isn't applicable. Are there witnesses? My Dh was a Worker's Comp defense atty for 27 years. And though the state's differ in how they run Worker's Comp, many things are the same. The two statements I made above are true across the board per Dh. ameslou and LilyRose, if an injury happens on company property, whether or not in the course of employment, Worker's Comp kicks in because he was only there because he is employed there. If he were also engaging in the horse play there might be a bit of a defense, but it certainly does not sounds like OP's Dh was engaging in horse play.
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Post by crimsoncat05 on Jan 7, 2021 19:59:46 GMT
But why should the employer be responsible for the costs when nothing they did caused the OP’s husband to be injured? Now, I would certainly hope he would not have any trouble being paid short term disability. But I agree with others who suggest the idiot’s homeowner’s insurance be brought into this. I'm pretty sure my employer has rules and procedures about not horseplaying or doing anything unsafe while at work... and our employees have to sign agreeing that they'll abide by those safety rules and procedures. I'm the trainer, and I work with the safety coordinator. If this happened at my work, there would CERTAINLY be a safety investigation of the incident. Not sure if there would be workman's comp for the person who was hurt, but the perpetrator would definitely be disciplined for causing bodily harm to another employee.
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Deleted
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Apr 28, 2024 20:07:44 GMT
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Post by Deleted on Jan 7, 2021 21:44:26 GMT
He was injured at work. Did he report it? Workmans Comp case. Respectfully, I disagree that this is a workers comp case. Your husband’s employer wasn’t negligent here. Some asshole coworker was an idiot. I’m not sure the company should be on the hook for that. But her DH was only in that place, in contact with that person, because of work. Replace "buddy" with "coworker" and I think it's clearer. That's not to say that the work can punish the offending employee, but her DH absolutely incurred this injury because he was at work. No, it's not the employer's "fault" but worker's comp injuries rarely are due to intentional fault. As long as the other guy was an employee too, I really think you need to take this up with WC. Don't call him a buddy. Call him a coworker. The fact that they happen to be friendly is irrelevant.
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Post by sam9 on Jan 7, 2021 22:08:05 GMT
Men! So sorry this happened to your family. My two boys are obsessed with wrestling (and so is my DH 🙄). They love sneaking up on each other. It scares me half to death and I don’t get it AT ALL, but they love it. I thinks it’s meant to be bonding or something.
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Post by twistedscissors on Jan 7, 2021 23:56:23 GMT
So the little piece on the corner is broken completely off. It is held in place by ligaments and should heal without surgery if he doesn’t move him arm. He got a different sling that holds his bicep against his torso and his hand folded in over his chest. He goes back in two weeks for another X-ray to see progress. Will be off work for at least six weeks.
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iowgirl
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Jun 25, 2014 22:52:46 GMT
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Post by iowgirl on Jan 8, 2021 0:18:52 GMT
Will be off work for at least six weeks. Oh gosh! The goofball friend is going to have to come up with some kind of compensation for you. This is terrible
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basketdiva
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Jun 26, 2014 11:45:09 GMT
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Post by basketdiva on Jan 8, 2021 1:09:31 GMT
Your husband has to absolutely report the injury to HR and whether he wants to or not, name the guy who caused the injury. Both WC and the OP’s insurance will investigate and decide who is liable for the bills. The reporting of the incident needs to be done in a timely manner too. He has a better chance of getting partial salary through WC then from the fool who caused the injury.
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Post by malibou on Jan 8, 2021 1:10:56 GMT
I'm glad he has avoided surgery and wish him the perseverance to hold still the next two weeks.
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Post by fkawitchypea on Jan 8, 2021 1:14:35 GMT
Depending on your state, this would be a comp claim. It happened on the clock at work, which regardless of fault would be a claim. A CLAIM. That does not mean it will be paid. In order to protect your DH's rights he should report to HR and follow their lead. They should file a claim on his behalf and if not, he will need to do so. In my state, any treatment he will receive will ask whether it was a work related injury. If so, health insurance can decline to pay and expect WC insurance to pay.
Source is a former employment law paralegal and a current WC in my state employee.
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quiltz
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Jun 29, 2014 16:13:28 GMT
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Post by quiltz on Jan 25, 2021 21:30:57 GMT
twistedscissors How is your dh doing? Were you able to file a Worker's Comp Claim?
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Post by iamkristinl16 on Jan 25, 2021 22:10:28 GMT
I can't say that I have ever seen my DH or any other adult man wrestle with other adult men. My kids wrestle each other once in awhile but just as a joke or messing around. It isn't common, though. My youngest has a friend who seems to always want to wrestle him and I think it is odd. I don't think I have ever seen my other boys wrestle anyone other than each other.
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Post by papersilly on Jan 25, 2021 22:44:50 GMT
i would say when they get too fat and can misjudge that random fart that happens with too much movement.
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Post by twistedscissors on Jan 26, 2021 1:02:28 GMT
twistedscissors How is your dh doing? Were you able to file a Worker's Comp Claim? Thank you for checking up on him! So far it appears to be healing. He had a second X-ray last Thursday and the dr was pleased. So hopefully he will not have to have surgery. He goes for another X-ray in two weeks. He was able to file for short term disability thru work. But it appears to only be about 1/3 of his regular pay. 🙄 Also received a letter from insurance that it is a covered expense but they won’t pay because he hasn’t met his deductible.🙄😢🤬
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Post by malibou on Jan 26, 2021 16:51:01 GMT
twistedscissors I don't understand why this isn't a workers comp claim. Something doesn't quite feel right here.
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Post by peanutterbutter on Jan 26, 2021 19:04:41 GMT
My work would insist I file a workman's comp claim for that situation.
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Post by 950nancy on Jan 26, 2021 19:19:32 GMT
Haven't read the responses yet, but I would say when they start worrying about breaking a hip.
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Post by silverlining on Jan 26, 2021 23:41:17 GMT
I've never seen adult men wrestle, except in gentle play with kids, on carpeting.
And I wouldn't call tackling someone on asphalt wrestling.
My employer would absolutely insist that I file a workmans comp claim. And no way would my regular health insurance cover this if it happened at the workplace.
You can end up with a huge insurance mess if you're not completely upfront with where it happened and how.
The place of employment carries this insurance, and it is to be used for anything that happens "on the job" no matter how stupid or who is at fault.
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Post by peasapie on Jan 26, 2021 23:46:35 GMT
Wow that’s awful. I’m guessing your husband doesn’t want to get his friend in trouble and he’s probably going to suck it up, but I hope it doesn’t interfere with his job.
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AllieC
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Jul 4, 2014 6:57:02 GMT
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Post by AllieC on Jan 27, 2021 3:44:51 GMT
I'm sorry, that just sucks. I hope he has a speedy recovery.
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