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belladonna6265 · (This post was last modified: 03-04-2009 02:29 PM by belladonna6265.)

I need advice. I slipped on the sidewalk and broke my leg, on my to the cafeteria in the hospital where I am employed. Workers Comp denied my claim stating that I was not performing my job duty at the time of the accident. We had just had the "ice storm of the century" and they were desperate for employees to come to work. I clocked in at 9:15 accident occurred at 9:45. I was on my way to breakfast. Past prac of the dept is to eat breakfast as soon upon arrival because no breaks are taken in the afternoon. I had to hire an attorney, who stated it would take 3 mo or more. I am a single mom and could not go that long w/o pay. I have been off for almost 2 mo and have exhausted all paid sick time. I requested to go back to light duty, computer or clerical which is avail. My sup told me in the ER after the accident that would be a possiblility, but now that I have req that , she is telling me not while I am in a wheelchair??? sounds illegal! I think it is because I am not going away and have hired an attorney. Its funny I asked WC this ? What if I were going to the bathroom and broke my leg, would it be covered and she said No! personnal business???? I am in Kentucky, has anyone else had probs there? I was told this wouldve been covered if I were on my way to work or leaving, but not while on the clock???? totally confusing

1171 · (This post was last modified: 03-04-2009 02:32 PM by 1171.)

I'm not sure what advice you need as you have an atty who's pursuing your claim.
Are you looking for non-work comp help?
what about your union?
have you contacted your church for emergency assistance?

belladonna6265 · 03-04-2009, 02:35 PM

1171 Wrote:I'm not sure what advice you need as you have an atty who's pursuing your claim.
Are you looking for non-work comp help?
what about your union?
have you contacted your church for emergency assistance?

No union.
The attorney says 3 months at the least
I have contacted all my state officials as well. I just wondered if anyone had ever heard of a claim being denied, while on the clock and working

jayne · 03-04-2009, 03:51 PM

happens all the time......my suggestion is to see if you can file a cival suit sometimes they need a kick in the pants and a cival suit can be a lot more costly for them and better for you

fencer11 · 03-04-2009, 06:07 PM

I agree with Jayne, Sounds like you would be better off going the civil suit route and may get a faster response. Talk to your lawyer about this as he/she would also probably benefit more from a civil suit instead of WC.