Visitor Question

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

Submitted 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?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Peggy,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 3, 2014

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