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Workers compensation law in Iowa? New York

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  • Workers compensation law in Iowa? New York

    i know a gal who works in a workshop for people with disabilities. She was "horsing around" with another employee and ended up getting her foot run over by a forklift. There was no supervisor to be found, no idea where he was at the time. She is being told this is not covered under workers comp. True?
    Nutraslim HCA

  • #2
    Workers comp covers claims "arising out of employment" and "In the course of employment." Horsing around is not a part of the job and it is very possible that WC will not cover it. All the person can do is try.
    I find that the harder I work, the more luck I seem to have.
    Thomas Jefferson

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    • #3
      Who is telling her this?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        She can certainly report it as a workers comp claim, but not all states will cover something that happens as the result of horsing around. I don't know about NY specifically, but the worst that can happen is that she's turned down, in which case she can claim it under her regular health insurance.

        She does know that she can be fired for fooling around like that on the job, irrespective of the workers comp claim, yes?
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          I am not sure if this is Iowa or NY.

          In Iowa the SC recently settled the matter of horseplay in Xenia Rural Water District v. Vegors,2010 WL 2867918, No. 09-0426 (July 23, 2010). Benefits were denied as the employees were goofing off at the time of the injury.

          NY is a little less straightforward. Victims of horseplay by coworkers are covered. Those who injure themselves while engaging in horseplay are rarely covered unless the horseplay was incidental to the injury or the horseplay was condoned by the employer.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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