My daughter fell while waitressing during her Friday night shift. The accident was witness by other employees, and therestaurant manager was on duty. She hurt her thumb, but no incident report was made at that time. The following day, it had swollen and the pain was unbearable, so I took her to a walk-in clinic for x-ray and exam.Awaiting results, so no word yet about the thumb being broken.The x-ray plus exam was $130.00, but the manager has told my 19 y/o daughter that she should have called her , so that they could have used their insurance. My question is," Do we have the right to be re-imbursed for the cost?" My daughter is afraid she might lose her job if she presses on the issue.
State/Country relating to question: Florida
Nothing... I would like to know her rights before I call the manager myself. My daughter feels afraid to talk to her about it.
Thank you for your time.
I will be assisting you. A worker is entitled to pursue a workers' compensation without fear of Retaliation.
So, even if there was no incident report filed Fri night, and she saught care the next day, paying at that time, she can be reimbursed?
An employer is not entitled to terminate an employee for filing a workers' compensation claim and where that occurs an employee may consider a wrongful Termination civil action. As to an Injury at Work, an employee is limited to pursuing a claim through workers' compensation.
An employee should report an injury at work. Even if the first care received is out of the employees own funds, they are entitled to Reimbursement.
An employer's workers' compensation coverage pays the employees cost of care due to a work injury.
the manager was aware of the injury at that time, my daughter finished her shift. It got worse throughout the night
I just wanted to know the facts before I contact the manger myself.
The employer is required to post a workers' compensation poster in the place of work.
That poster is required to contain the contact information for the workers' compensation insurance. An employee can file a claim with the insurer if the employer fails to do so.
My daughter is 19, it's her first job, she is too intimidated to push the issue. I suspected that the restaurant has to pay the expenses. I feel that the manager should have made a report at that time.
An employer has an obligation to file a report of the injury with the insurer.
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thank you very much!
ok, so the insurer info is required to be on that poster?
Please let me know if you need anything else.
Thank you again
Government and private sector employment law experience
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