Is it necessary to go to the ER directly from work after an injury?

by Peggy
(Clarkston, Michigan, USA)

My niece's boyfriend cut his finger on a saw at his place of work. He went home and had my niece take him to the ER for stitches.

To qualify for workers compensation benefits, wouldn't he have to be taken to the ER by someone from work or have her come pick him up and take him from work? It sounds shady to me that he just left and went directly home? Will this affect his ability to get workers comp benefits?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Is it necessary to go to the ER directly from work after an injury?":

Peggy (Clarkston, Michigan USA):

It's hard to figure out what’s shady about requiring stitches for a saw injury at work. Unless you are implying the boyfriend cut his finger on a saw or other machine at home, or away from work.

The boyfriend will certainly be entitled to workers' compensation benefits if he injured his finger during work hours. With an injury that serious, it’s likely a coworker or supervisor will be able to confirm it actually occurred. If so, it’s also likely a form of incident report was created at the time of his injury.

To qualify for workers' comp benefits, it's not necessary for an injured worker to be taken to the ER by a coworker, or by a non-worker who came from home. All that's required for a legitimate claim is for the injury to have occurred at work.

Unless the employer has reason to believe the boyfriend is attempting to file a fraudulent claim, the injury should be covered by workers' compensation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Workers Comp Denial Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: