(Closed) Workers comp

posted 6 years ago in Legal
Post # 3
Member
822 posts
Busy bee
  • Wedding: May 2012

are you given breaks during work?  15 minute and lunch breaks?  you should be eating during your breaks. do you have a health condition?  because in the normal course of the day, you should probably start off with breakfast before work, get a mid morning break that you should be long enough for you to eat something, at least a 30 minute lunch break at mid day, and then another late afternoon break for another opportunity to east.  if you have a health condition, you should be eating during those breaks and you should know not to wait until the last minute to eat something.

you didn’t actually sustain an injury so i’m not sure if you will be able to get the workers comp company to pay for your medical bills.

Post # 4
Member
822 posts
Busy bee
  • Wedding: May 2012

just wanted to add: if you fainted because you missed a meal when you were given the opportunity to eat, then i say no you do not have a claim.  if you fainted because your employer is denying you meal breaks, then i think you prob have a workers comp claim and also your employer is violating the FLSA.  If you informed your employer of a medical condition (let’s use diabetes as an example) and ask for a reasonable accommodation then this may fall under ADA but it depends on the severity of the illness.

Post # 5
Member
395 posts
Helper bee
  • Wedding: November 2011

I work in a medical office, and we deal with Worker’s Comp claims all the times. I would advise that you get copies of your medical records from all your doctors, and them take them to a lawyer and see what they say. 

Post # 7
Member
637 posts
Busy bee
  • Wedding: April 2012

I believe whether or not you need to take your lunch break depends on which state you live in and possibly how many hours your shift was. If you can post the state you’re in, someone can probably give you more specific information. Either way, I think it sucks taht your employer won’t pony up the cash for this!  

Post # 10
Member
2416 posts
Buzzing bee
  • Wedding: September 2012

If workers comp is denying payment than your personal health insurance has to pay it. If you don’t have health insurance my suggestion would be to get a lawyer and go from there. In Mass, upon denial, you have about 2-3 weeks to meet with a conciliator to try and come to an agreement. If that fails, its another 3-4 months until you can get in front of a judge. I think the issue may be whether you sustained an actual injury on the job, workers comp is usually granted to people who harmed themselves at work (ie: cut themselves with a saw, fell of a ladder, etc.) as opposed to passing out…I wonder if that is the issue?

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