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  • [email protected] New York

    Please help!
    I was injured at work and was told by my employer that my case may not be covered. Let me explain... I am a teacher's aide who came to work 15 minutes before my scheduled starting time to walk with some fellow employees in our building. The principal gave us permission to walk around the school before students arrive. As I was walking in the gym, I tripped over one of the mats on the floor and broke my knee. I went by ambulance to the emergency room and was admitted for surgery. I will be out of work for at least 2 months. The office secretary filled out the accident report on my behalf. I was never asked to sign the form or given a copy. I was told in a phone conversation with the secretary that the accident will not be covered by Worker's Comp because the accident took place outside of my normal working hours. Are they correct, or are they trying to put one over on me? What can I do? Should my injury be covered by Worker's Comp? Please advise me...

  • #2
    Whether that is true or not depends on your state's laws. If workers comp will not cover it, your health insurance will.
    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.


    • #3
      This would most likely not fall under WC as you were doing nothing work related at the time. For an injury to be covered by WC it must arise out of and in the course of employment. Just being on site does not make this a WC claim as you weren't engaged in any activity related to work and were only at work for a personal reason unrelated to the job.
      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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