I had finished working and clocked out. My truck battery was dead, so my boss jumped started my truck for me. It had been raining that day. The water was a little above ankle deep. After we got it started I jumped out of the truck and my knee bucked out from underneath me. He asked me what happened and I said I didn’t know if I got shocked or what, but my knee just gave out.
I didn’t think much of it. He said, “come on we can’t have another bad knee in the bunch.” I then went to get a battery and was limping for the rest of the day. As soon as I got home, I iced my injured knee.
The next morning I bought a brace because I was afraid it was going to buckle on me while I was working. I am a waitress. The health inspector was due to come back on Monday, so my boss had an employee do something to the floor. It was more slippery than usual. I slipped in front of the toaster and my knee buckled once again. I also fell again in front of the Pepsi machine. Monday at work I did not fall. Today when I went in my boss had told me that workers compensation should take care of it, that’s why they have it.
Then he later told me he had to discuss it with his wife. She told him they won’t honor it because I told customers I fell out of my truck.
Aren’t my employers responsible for my original knee injury and the subsequent knee injuries?
I just can’t afford to miss work. I have no insurance. I was going to just baby it, but I’ve looked it up and it’s going to take at least 3 weeks to heal. That’s only if I stay off it.
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.
Although you clocked out of work, because you were still on your employer’s premises, and more so because your employer was helping you, there is every reason to believe Workmans Compensation insurance should cover your injuries. You do not need your employer’s consent to file a claim with Workmans Compensation. You should do so at the earliest possible time.
When you speak with the insurance company’s representative, normally called a Claims Adjuster, ask her for a list of physicians who accept her company’s insurance. You will probably require an orthopedic surgeon. If for any reason you are not satisfied with the first physician, or you would like a second opinion, just ask for the name of another orthopedic surgeon.
Because you are covered by Workmans Compensation insurance your medical bills should be paid in full. Additionally you should receive about 2/3rds of your salary while receiving Workmans Compensation medical benefits. Regrettably, if your employer wants to (or has to) fill your position, there is a chance you may lose your job.
Be sure to fully recover before you return to work. If you return to work before you are fully recovered, especially if the doctor has not yet released you, and after some time has elapsed you realize your knee is not fully healed, it will be very difficult to convince the Workmans Compensation Claims Adjuster to resume paying for the costs of your new medical bills.
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,
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