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Went to doctors 3 days after injury. Florida

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  • Went to doctors 3 days after injury. Florida

    We have an employee who fell last week and hit her knee on a metal object. Her job entails brisk walking, so she sat down for about an hour, then thought she was fine, a few hours after that she told us her knee was hurting too bad to continue work and she needed to leave early to go to the doctor's. We did document an incident report.

    She returned for her next scheduled shift (2 days later) and said that she didnt go to the doctors, but her knee felt better.

    Last Saturday evening she was working and jumped over a rail, she fell and hurt her leg. She worked for a little while longer then said it hurt and she was leaving to go to the doctors. The manager told her that she needed to actually go to the doctors (since that was her reason for leaving) and that she could not continue to leave work early and say she was going to the doctors and then not go. She began crying and said he was picking on her and he said come back on Monday and we'll talk to HR (me!).

    She did not show up or call in on Monday. Today she was supposed to be here at 11 and called at 12:30 to say she was at the walkin clinic and would come to work after. I asked why she didnt come talk to me on Monday like her manager told her to and she said she was just going to do it later.

    Bottom line, she was termed for a no call/ no show on Monday.

    I dont really know anything about workers comp, so here is my question: She was hurt on Saturday and didnt bother to go to the clinic until today (3 full days later). Are we still liable for her medical bills?

  • #2
    If she was injured at work, you are responsible for her medical treatment. Why wasn't she sent to an Occ-med clinic that day and not left up to her own?


    • #3
      Her mom came to pick her up to take her to the doctors. I figured we would be responsible, but I wasnt sure if there was a requirement that the employee go within 24 or 48 hours.


      • #4
        I've been an EE/employee, ER/employer, and now a IW/Injured Worker... I'll use my ER hat here...and begin with the basic job function of HR reps... CYA your ER.
        What in the system would prevent an injured worker, who wanted to leave his employer anyway, from claiming to be hurt, waiting out the treatment, still claiming to be hurt and then trying to settle? It would not cost him anything but a few hours to do this and he would have nothing to lose.
        By law, pain or other subjective complaints alone, in the absence of objective relevant medical findings, are not compensable. However, sometimes these types of claims do occur and they are sometimes settled by insurance carriers for a nominal amount of money to rid the employer/carrier of a nuisance case.

        •Reference: Section 440.09(1), Florida Statutes
        FAQ's for ER's are here

        This EE should have been directed to seek treatment the day the injury was reported. Waiting only serves to increase the ER's liability for further injury.
        I dont really know anything about workers comp, so here is my question: She was hurt on Saturday and didnt bother to go to the clinic until today (3 full days later). Are we still liable for her medical bills?
        WC is actually a system of statutes designed by the legislature, as mandated by your State Constitution.
        The statutes define the benefits an IW is eligible for. Not ''entitled' to.

        WC insurance is a state mandate for those ER's who do not qualify to be legally self insured. The WC carriers provide that liability coverage to the ER.
        The ER is the insured party, EE are not insured for any industrial/occupational injury. The insurance coverage limits the ER's financial liability for out of pocket costs, the same as your auto, home, health coverage does for you.

        Here is another info booklet for EE and ER
        The info for EE's is pretty clear...
        Do not go on your own to your private doctor for treatment. The insurance carrier must authorize the doctor who is to treat you.
        If your employer or insurance carrier does not respond to your request for medical treatment, you can contact the Employee Assistance and Ombudsman Office for assistance at 800 342-1741 or at [email protected].
        IMHO... I'd keep an eye this EE/IW... she may be very well informed.


        • #5
          The employee has been terminated, due to the no call/no show on monday; she already had 7 absences in the past 4 months. She was told by her manager that she had to come to work on monday to speak with hr (re: a separate issue) and she just never showed up. She said she thought she would just come another day.

          In retrospect, should we have not termed her?
          Senior Member
          Last edited by sevenfortythree; 09-22-2010, 01:29 PM.


          • #6
            seperate issue.
            But...termination post injury/filing a claim for WC benefits is difficult to seperate from discrimination/harrassement due to filing the claim. Even though there may be seperate issues underlying the termination... just opens a can of mad bees.

            IMHO... it would be better to leave things alone, initiate FMLA if eligible, then 12 weeks later, you can pretty much terminate ''at will''... within the perameters of the rules.

            or, just wait until your WC carrier investigates your claim, and determines compensity... that's why you pay those comp handle these claims.
            I'd just file your claim with your carrier.
            Deal with termination later.

            From what you say though... sounds like the bees are humming.


            • #7
              Yes, they probably are.

              Oh well, at least I know for next time.



              • #8
                Every day is about learing...
                Don't drop out on this one...
                Good luck.


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