Workman's Comp Question, Dont know what to do? (See Details)?

Question

This question is slightly involved, but me and my fiance really need to know what our options are... so please be with me.

My fiance works for a landscaping company, and on 6/28 he was trimming branches from overgrown trees. He and his coworkers were loading the branches onto a trailer hooked to the back of a pick-up to take to the dump, and pretty soon the trailer was full. My fiance's supervisor told him to step onto the trailer and use his weight to compress them so that they could fit the last of the branches and wouldn't have to take two trips.

This is against the company's saftey regulations, but my fiance did as he was told. He tripped, fell off the trailer and broke his arm.

His boss told him that he couldn't recieve workman's comp, becuase the accident was his fault. Normally this wouldnt be a problem, but his personal health insurance is running out on 7/25, and the doctors want follow ups and physical therapy.

Does he have any rights? What are our options?

Answer 1

W-Comp is different by state. I can only tell you about California. Here, he has the right to request an accident form and then they have tot take responsibility. He needs to go to the doctor they request him to go to, and then the doctor completes his care. Best bet is for you to call your state's employment development department and get the information, or got to your state's website and look under labor laws for the correct information. What happened to your husband is not right, i hope he is fairly compensated for doing his job as requested, then getting hurt !! I wish the best of luck to both of you!

Answer 2

THat is SO not true.  It doesn't matter WHOSE fault the accident is, it's still workers comp.

First, he should ask the boss to put that in writing.  Boss is going to refuse, though.  Then, obviously, he needs to get the arm treated.  Then he can complain in writing to your state department of labor, and he will probably need to hire a lawyer to get paid on this.

Most likely, the boss doesn't have any workers comp coverage.  Even if he doesn't, though, he's still on the hook for the lost wages and medical costs, but it will take a lawsuit to get the judgement.  Which, obviously, means he's going to be out of a job.

Answer 3

Get an attorney right now.

It most certainly IS a workers comp claim. The man was injured on the job, regardless of an "unsafe act." The "unsafe act" was "ordered" by on on sight supervisor. Your fiance didn't just go ahead and disobey company policyon his own without consulting supervision. He followed instructions. When your private insurance sees this, they too will most likely see this as a workers comp issue, then refuse to pay for services rendered, leaving you holding the bag.

Talk one more time to the boss, but make it absolutely clear (politely) that unless he changes his stance, you are prepared to take the matter to court. That will cost HIM as opposed to the insurance company. I'm confident he doesn't want a costly court battle, and possibly a law suit against him for the bad judgment of the supervisor.

Don't be afraid to fight. Good luck.