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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56550
Experience:  Licensed attorney helping employers and employees.
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I fell on steps while leaving the building where I work on

Customer Question

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: 11 months ago.
Category: Employment Law
Expert:  Infolawyer replied 11 months ago.

Good morning.

Expert:  Infolawyer replied 11 months 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.

Expert:  Infolawyer replied 11 months ago.

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

Customer: replied 11 months 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.
Expert:  Infolawyer replied 11 months 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.

Customer: replied 11 months ago.
can it be argued that I was off the clock at the time and not engaged in "employment activities"
Customer: replied 11 months 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?
Expert:  Infolawyer replied 11 months ago.

If the time is not paid, then yes.

Expert:  Infolawyer replied 11 months 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.

Expert:  Infolawyer replied 11 months ago.

I hope that is fast and clear.

Kindly rate me 5 stars.

Expert:  Infolawyer replied 11 months ago.

thanks in advance.