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Worker's Comp/Unemployment

Posted on 8/5/08 at 4:26 pm
Posted by keeper007
Austin
Member since Feb 2008
1511 posts
Posted on 8/5/08 at 4:26 pm
So I injured myself while at a course for work. I can walk with crutches but cannot (or am not supposed to) drive. what are my options in terms of workers comp. and/or unemployment? anyone run into this problem?
Posted by Lou
Modesto, CA
Member since Aug 2005
8619 posts
Posted on 8/5/08 at 4:50 pm to
if you were injured performing your job and now you're unable to work, i don't see why you wouldn't get worker's comp. i would talk to Human Resources first. if they seem contentious and unwilling to work with you, file a claim.

to my knowledge you can only collect unemployment if you are no longer employed (fired/let go). but i'm certainly no expert on the subject.
Posted by Coast Tiger
Member since Apr 2005
1134 posts
Posted on 8/5/08 at 5:06 pm to
If you are still employed byt he comapny I would talk with their HR / Safety person and file a claim to pay for the medical. If you have any lost time then you can file fore lost time wages. If you were fired I would still try to file a claim but also file for unemployment if you were terminated. Was the injury your fault? what kind of job was it?
Posted by keeper007
Austin
Member since Feb 2008
1511 posts
Posted on 8/5/08 at 5:34 pm to
Well, the tricky thing about it is that I am moving and going from one club to another. I could probably be considered between jobs because I haven't formally filed paperwork for the new job. I am a soccer coach and was attaing a certification in Chicago where I ruptured my achilles. It was paid for by the previous club, but I was up there on my own, rather than for any specific club.
Posted by Flop
Member since Jul 2008
132 posts
Posted on 8/5/08 at 6:08 pm to
Then, it's not workers comp!!
Posted by insomniacnla
Stonewall
Member since Jun 2008
39 posts
Posted on 8/6/08 at 10:10 am to
If you were injured during the course and scope of your employment, it is w/c. If your boss told you to leave work and deliver a package, you get in an auto accident, that is w/c.

You need to speak to a w/c atty before you file for anything.

If you do have a w/c injury, and then you file for unemployment, you have just ended your w/c claim. The basis for w/c is that you contend you are unable to work. If you file for unemployment, it is acknowledgement that you are willing and FIT for employment and negates any w/c claim you may have.

Also, if you are going to file a w/c claim, you must do so quickly. If you are injured during the course and scope of your employment, you are supposed to file an injury report and immediately inform your employer. Louisiana law favors this rule. Some cases are lost at trial because the injury report was not filed and the judge felt that the injured worker could not prove he was injured at work.
Posted by Flop
Member since Jul 2008
132 posts
Posted on 8/6/08 at 10:29 am to
Wrong! He said he was in between jobs. He is setting himself up for fraud.
Posted by keeper007
Austin
Member since Feb 2008
1511 posts
Posted on 8/6/08 at 10:51 am to
I haven't had an official termination. I was actually to work camps for my current club in BR before moving to florida on the 11th and working for the new club. So I suppose I could officially claim w/c.
Posted by Coast Tiger
Member since Apr 2005
1134 posts
Posted on 8/6/08 at 11:41 am to
quote:

I haven't had an official termination. I was actually to work camps for my current club in BR before moving to florida on the 11th and working for the new club. So I suppose I could officially claim w/c.


I don't think you have a claim here. You were not onsite doing your specific job. I deal with this all the time. If all you are is a temporary staff (I'm not sure what your exact job is) and you were at a training and got hurt while trianing then it is POSSIBLY (big possibility) that the people you are training with are responsible for your care. Not your job. Unemployment is no way.
Posted by LSUtigerfan333
Baton Rouge
Member since Jun 2004
964 posts
Posted on 8/7/08 at 10:51 am to
It doesn't sound like you were in the course and scope of your employment when this "accident" occurred. Were you being paid at the time? Were you on-the-clock when the accident occurred?
Posted by keeper007
Austin
Member since Feb 2008
1511 posts
Posted on 8/9/08 at 10:30 am to
No, not on the clock.

My thoughts are that I will have to find some compensation through the Association that was holding the training course rather than an employer.
Posted by Flop
Member since Jul 2008
132 posts
Posted on 8/9/08 at 10:46 am to
Sorry, definitely not workers compensation.
Posted by guttata
prairieville
Member since Feb 2006
22633 posts
Posted on 8/9/08 at 10:55 am to
The Baton Rouge Soccer Association just had to pay for those new fields that I will be playing on in the Fall, so they don't have money for former employees who hurt themselves trying to do Kaka's newest trick.
Posted by Tigerpaw123
Louisiana
Member since Mar 2007
17789 posts
Posted on 8/9/08 at 8:11 pm to
quote:

My thoughts are that I will have to find some compensation through the Association that was holding the training course rather than an employer


Yeah, for sure make some one else responsible for your actions, I dont know all the details but sounds like you are some sort of semi pro coach that was at a training camp and hurt youself and now trying to find someone to foot the bill. Is this correct or an I missing somthing???
This post was edited on 8/9/08 at 8:14 pm
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