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I fell on steps while leaving the building where I work on

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my lunch break. We...
I fell on steps while leaving the building where I work on my lunch break. We are off the clock at lunchtime. The employer does not own the building, it is owned by a separate LLC entity. I went to the emergency room, and followed up with an orthopedic doctor. He wants to do an MRI. He told me to stay out of work until the MRI results. My employer is pushing me to go with workers comp. They refuse to disclose who the insurance company is or any doctors who are approved. The 3rd party administrator said that they were the insurance company. They are not. I asked repeatedly and she continued to claim there was no underlying insurance carrier. They will only give me a list of "clinics" to go to. Is this a workers comp claim? I feel they are forcing me to file a claim that may not be a true WC claim. I have not had positive experiences with WC in the past when my daughter was injured.
Submitted: 1 year ago.Category: Employment Law
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8/12/2016
Employment Lawyer: Infolawyer, Lawyer replied 1 year ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 59,056
Experience: Licensed attorney helping employers and employees.
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Good morning.

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Employment Lawyer: Infolawyer, Lawyer replied 1 year ago

You were injured at works, so it would be a workers comp claim. Since during an unpaid lunch period, you could pursue the building alternatively as well and its insurer. You may want to have a lawyer write the building management and put them on notice of claim and to notify their insurer and alert your lawyer of the applicable insurer. If a lawsuit were filed, the building would involve its insurer, and typically will eventually settle. You can pursue on both fronts.

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Employment Lawyer: Infolawyer, Lawyer replied 1 year ago

If I can clarify or explain anything, just ask me. Kindly rate me 5 stars. enjoy the weekend.

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Customer reply replied 1 year ago
i would rather not go through workers comp. they only care about the employer's best interest. i have spoken to an attorney about the building claim. i realize that is a separate case.
Employment Lawyer: Infolawyer, Lawyer replied 1 year ago

You can pursue both, or just the private claim. I see no downside to pursuing both since may lead to additional compensation and two avenues always better than one.

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Customer reply replied 1 year ago
can it be argued that I was off the clock at the time and not engaged in "employment activities"
Customer reply replied 1 year ago
i'm afraid a workers comp doctor will not provide the care needed. the orthopedic doctor said I need an MRI, the WC administrator said that they would have to determine if that was necessary. if they say it is not, then i am stuck?
Employment Lawyer: Infolawyer, Lawyer replied 1 year ago

If the time is not paid, then yes.

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Employment Lawyer: Infolawyer, Lawyer replied 1 year ago

They cannot have it both ways, since the period is your personal time, and the injury didnt happen in the office itself, but in building instead.

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Employment Lawyer: Infolawyer, Lawyer replied 1 year ago

I hope that is fast and clear.

Kindly rate me 5 stars.

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Employment Lawyer: Infolawyer, Lawyer replied 1 year ago

thanks in advance.

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