Man in motorized cart shoots Walmart employee in dispute over dog, police say

If the worker is walking down the hall at work, and trips over his own feet, falls, and breaks a bone, he is covered by workers' comp. Even if he was just walking from his office to the bathroom (not performing work tasks), he is covered.

The only exclusions are self-inflicted injuries, or drug/alcohol use, or committing some other illegal act that directly caused the injury, such as trying to stab a co-worker or carrying away the company strong box of money (causing a hernia).
 
jonnyghost said:
Unless you accidently quoted the wrong person I'm confused as to what you're saying has to do with what I am saying. My point was that people often belive that just because they where hurt at work that they are entitled to workers comp but this is not always true.
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I was more in agreement not against you just continueing the thought. There is sometimes a best solution for an injured employee and it is not always workers comp. whoa I was tired and goofed that up pardon the late edit.
 
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Reba said:
If the worker is walking down the hall at work, and trips over his own feet, falls, and breaks a bone, he is covered by workers' comp. Even if he was just walking from his office to the bathroom (not performing work tasks), he is covered.

The only exclusions are self-inflicted injuries, or drug/alcohol use, or committing some other illegal act that directly caused the injury, such as trying to stab a co-worker or carrying away the company strong box of money (causing a hernia).
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:lol:

Let me tell a story about my deaf former co-worker. He got a back pain at work so he had a surgery. Then he got the letter from the surgeon but didn't understand it so he asked me to explain what it said. It stated that it was not work-related since the fracture of his lower spine was very old like it happened when he was young (he was a family farmer in Poland before he moved here). So he got rid of the letter and requested his family doctor to write a letter to state that it was work-related.

OWCP didn't accept it but he fought and won with a help from his Polish friend who was working on injury comp for union members at USPS. He's still on OWCP for more than 10 years and also receives SSDI. He knew that I know it was not work-related but I kept my mouth shut because he was my friend. So my point is that there are alot of frauds.
 
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Reba said:
If the worker is walking down the hall at work, and trips over his own feet, falls, and breaks a bone, he is covered by workers' comp. Even if he was just walking from his office to the bathroom (not performing work tasks), he is covered.

The only exclusions are self-inflicted injuries, or drug/alcohol use, or committing some other illegal act that directly caused the injury, such as trying to stab a co-worker or carrying away the company strong box of money (causing a hernia).
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NY Daily News

Not knowing the details i don't know what his specific outcome will be.
 
jonnyghost said:
NY Daily News

Not knowing the details i don't know what his specific outcome will be.
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Like the article says, a worker is supposed to get compensation; that doesn't mean he always will get it without a struggle. That's why worker compensation lawyers are in business.
 
5th paragraph down. A person not employed by your place of business comes in and shoots you then you are probably not covered. Not because you're not getting what you deserve but because it "has nothing to do with you job". Exceptions might be if your job put you at higher risk. It can go the other way around too, as in you don't have to be at work for it to be a work related injury. If your a cop and someone you put away tracks you down and shoots you then it's still work related.

The reason there are so many lawsuits is because it can get a little complicated. For instance if your injury results from actions taken personally and not in your job description then you may not be covered except if your employer then benefits from that action after the fact. An example might be if you work at a stop and rob and the policy is not to argue with robbers but then you are shot while protecting a patron from being robbed. You would not be covered. But then business boomes because you are a hero employee. Now you are covered because the business is benefiting.
 
jonnyghost said:
5th paragraph down. A person not employed by your place of business comes in and shoots you then you are probably not covered.
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"Probably" is not the same as "definitely." It's a maybe, depending on many factors.
 
"The third category of risk, neutral risk, is the most problematic in determining the compensability of a work injury. Neutral risks are neither distinct to the employment nor distinctly personal. Examples would include a teacher shot in a drive-by shooting while standing in his classroom; an auto mechanic bitten by a stray dog while dumping oil into an outdoor receptacle; and an executive struck by lightning when walking to his car after a meeting.

Whether an injury resulting from a neutral risk is compensable is difficult to predict and often depends on the jurisdiction of the tribunal, the nature of the injury, and the precise facts surrounding the accident...

In addition to the requirement that an injury arise out of employment, the employee seeking workers' compensation also must show that the injury arose "in the course of employment." To arise in the course of employment, the injury must take place within the employment period, in a location where it is reasonable for the employee to be, and while the employee is fulfilling work duties. This does not mean that the employee must actually be doing his job, or doing it within the precise work hours, when the injury occurs for it to be compensable. Distinguishing between injuries that do or do not arise out of the course of employment is often a difficult and confusing task....
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Workers' Compensation legal definition of Workers' Compensation. Workers' Compensation synonyms by the Free Online Law Dictionary.
 
Reba said:
"Probably" is not the same as "definitely." It's a maybe, depending on many factors.
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I agree. If I said definetly then I shouldn't have. I rarely speek in absolutes with something so complicated especially without any real facts so I'd be surprised if i did.
 
If this man survives there is no way workers comp in Alaska is going to adequately compensate for having his guts blown apart by a mentally ill
person with a gun while on the job.
 
goodonya said:
If this man survives there is no way workers comp in Alaska is going to adequately compensate for having his guts blown apart by a mentally ill person with a gun while on the job.
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It's true that monetary compensation can never fully make up for catastrophic injuries.
 
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