employer refuses to pay

[Canadianblondie]

I am 20 years old, from Canada. In November 2006 I went to Lexington, KY to work for a Canadian employer selling Canadian horses(thoroughbreds) one night we were asked to unload horses at 10pm. the horse sppoked at a shadow and jumped on my foot. The girl I was working with took me to the hospital because my foot blew up.
I didn't want t get xrays done but the nurse insisted ancase my foot was broken. we found out it was alot of soft tissue damage; they gave me crutches and percocet, which I paid for and I was off for a week after the incident.
The estimated hospital bill is $2000. My health insurance was expired at the time. My question is whether or not the employer is liable to pay the hospital bill?
Any help would be appreciated. thanks in advance!

[tweety00]

Sorry but have you checked into your work comp rules .
I only understand usa laws so a good place for you to start is google
canada workers compensation laws.
sorry I cant be of more help !
Since I dont know how soon you need to file out first inury report or even if canada has this .

[monster]

Hi CB,

I'm sorry to hear of this and hope your foot is healing well. I also know nothing of how this would work since you are from Canada but were working in the US. Hopefully someone will come along soon that can help. Here in the states (just in case the employer won't pay) you can usually make arrangements to pay the bill off a little at a time. This will usually keep the creditors off your back and your credit rating intact. I am only saying that just in case your employer doesn't pay. Have you talked to your employer about it? Please let us know and in the mean time hopefully someone else will come along.

BTW, I think you literally have my dream job, LOL

[billybubba]

In the states you can often file where the injury occurred. Was your employer carrying workers' comp coverage for you in the states? They should have purchased special coverage. I would contact the Kentucky department of workers comp and review it with them. You may be able to file a claim through that state.

Also, where were you unloading the horses? They might be liable for work being done on their behalf. You can certainly rattle a few cages with that angle. Lastly, have you tried to file with your employer? Canada has similar wc requirements. They will be liable.

Kentucky phone numbers:
http://www.workerscompensation.com/kentu...acts01.php

[1171]

Generally yes.
You didn't say why it was denied or which province you worked out of so it's difficult to give specific information.
Like the US, Canada has a separate work comp system for each of it's 10 jurisdictions.
You can appeal the denial to your district's work comp board.

[Canadianblondie]

I am from Ontario. the incident happened on the sales grounds where we were selling the horses. My employer asked us to go unload them. We asked if he could pay atleast for half of it because I just paid my flight to go to new zealand and didn't have that money.. he said no, I'm not his responsibility and maybe I shouldn't go to new zealand. My mom has ran this guy's sales for 15 years until she left 2 or 3 years ago to run her own and I've worked for him since I was 11, so I was shocked that he refused.. I know he has the money too. one of his yearlings had just sold for $200,000

[Canadianblondie]

I don't want to get him in trouble though.. I asked a canadian horse owner who works and lives in the U.S and she said that if we bring it to court or whatever, then he may not be able to sell horses in the U.S anymore, but that's where most of his profit comes from, I don't want that.

[1171]

Go here for Ontario claim filing information
http://www.wsib.on.ca/wsib/wsibsite.nsf/...Claim#when

It sounds like your "employer" is going to claim that you are an independent contractor and not an employee. Those determinations are case by case and difficult to decide ahead of time. It's best to file and let WSIB make the call.

[Still in Limbo]

I would just try being straight forward with your Employer and plainly tell him if this issue isn't resolved and soon, you are going to seek counsel for the amount of the Hospital expense, and if this goes to court, for the attorney fees and Court costs also. He's playing hard ball with you, you may as well come back at him and let him know you aren't going to be pushed around on this matter. You did what was asked of you, and by no fault of your own you were injured, and if he wants to still not pay, in my opinion, that's someone I wouldn't want to work for any further! Best of Luck and I hope this helps!!