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  • Hurt at work, can they make... Wisconsin

    You clock out if you have to go to the E.R???


    Friday, I got my finger mashed a bit between a sheet of steel used for a part ejection tray and a towmotor.

    I run a punch press, and parts are ejected from a die, and on to the tray, and into a bin, underneith the tray is a scrap dumpster which was full, I lifted the tray so the towmotor driver could get the dumpster out, he drove in too far, and mashed my finger between said tray and the towmotor.

    It sliced into the middle knuckle, palm side of my hand, in the middle finger,
    it severed the tendons and I had to have surgery last night to repair them.

    Anywase, my original question, when this happened, they clocked me out to run me to the ER, they said they dont pay people to go to the ER.

    I have never heard of anything like this before, and I asked some people at work about this, and apperantly no one has ever questioned this before.

    I am no legal expert, I found this site though, hopeing to get some light shed on the subject.

    Thanks for your time....

  • #2
    This is going to be something of a "soft" answer. I am copying a FLSA reguation below. I consider the actual wording of the regulation to be less then clear in relation to your specific situation.

    However, I also have a reference book (The Fair Labor Standards Act by Ellen C. Kearns) that uses an example very similar to what you describe and they consider hospital time the same day of the injury during normal working hours to be "hours worked". In the example the normal working hours are 7:00 AM to 3:30 PM. The employee starts work at 07:00 AM, is injuried at 10:50 AM, and returns from the hospital to work at 1:30 PM and then goes home. Per the example, time worked is 07:00 AM to 01:30 PM.

    I have no idea what rules (if any) your state has on this subject. This is everything that I know on the subject.

    There are also likely some worker's compensation issues, but there are other responders who know more about this subject then I do.

    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.43.htm

    29 CFR 785.43 - Medical attention

    Time spent by an employee in waiting for and receiving medical attention on the premises or at the direction of the employer during the employee's normal working hours on days when he is working constitutes hours worked.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Just an FYI to the OP, OSHA is continuing to make Mechanical Power Presses a "targeted enforcement" area. Any injuries requiring more than basic first aid remedies need to be reported.
      "Pluralitas non est ponenda sine neccesitate'' - Sir William of Ockham, a.k.a. Ockham's Razor

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      • #4
        Originally posted by Eng&SafetyMGR View Post
        Just an FYI to the OP, OSHA is continuing to make Mechanical Power Presses a "targeted enforcement" area. Any injuries requiring more than basic first aid remedies need to be reported.

        Even if it was the towmotor, and nothing really to do with the press?

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        • #5
          There are also likely some worker's compensation issues, but there are other responders who know more about this subject then I do.

          WI WC regs do not require employers to pay for this time. All lost time due to an occupational illness/injury is subject to the waiting period before TTD benefits begin (in Wisconsin, that's 3 days including Saturday.)

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          • #6
            Thanks for the reply, sounds like they can legaly make you clock out to go to the ER, crazy, but oh well....heh


            I do have another question, I am on light duty, and they did have work for me today, but they asked if I would consider taking a volentary lay-off, it is the slow time right now, for a week or two cause they might not have enough work. Can doing this somehow mess something up as far as them paying madical bills, or workmans comp. issue or whatever????


            I have never been in a position like this before, and don't know really what to do or what my rights are.

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