injured doing training

[keeganzer]

Hi, I was in my second day of training at a new job. I broke my ankle while in training as a health care assistant. I was paid, but my employer claims I was never hired, was in training, and therefore not eligible for workman's compensation. Is this correct? In the meantime they filled the position with someone else and so no job, $50,000 medical bill. I am also not eligible for medicaid because I wasn't hired. Does anyone have any info about this. Thanks. I live in Pa. Keeganzer

[buildergirl1973]

hi i'm sorry that you wee injured, welcome to the forum. please post your state as the rules for wc vary from state to state. good luck

[jayne]

if you were on their property call and ask if they prefer you file a cival suit agaisnt their insurance company....and then check into a lawyer...if you broke your ankle while on duty you are covered..if not sue them thru a cival suit you will make more money that way....I suggest you call your HR dept and ask them which way they want you to proceed

[1171]

the employer doesn't get to decide what the legal definition of "hired" is; file a comp claim directly with the carrier or your work comp board. or you can start with directly with a civil suit.

[jayne]

oh geez someone call a doc 1171 agreed with me.....lol thanks 1171

[1171]

actually I don't think the civil suit will get very far but if he can find an atty who will try it'll probably scare the employer a bit.

when you're doing work your covered; the comp court won't accept a cheap ruse like "I didn't say the word "hired" therefore he's not my employee."

[Manley2]

report it under WC like they said and let them decide. If you were training for a job with that company you were working for them

[capricorn]

I think the employer is just grabbing at straws. What would you be training for if not a job. I am also from PA and so is Tim Belt an attorney on the boards here. Maybe send him a PM and ask. I don't know what area of PA you are from but he helps us all. I don't see why a WC injury as such wouldn't fly in PA> You may need an attorney if the employer puts up a fight which it sounds like they already have but please file it.

[1171]

most work comp laws are under some kind of mandate to include as many situations as possible and most states have very very broad coverages.
there is caselaw in a couple states where going to a pre-employment physical is enough to give the worker/employer coverage.

[cnaz]

If you were being paid for this "training" you were an employee in most states.

I agree the possibility of a civil suit may just change their minds, a civil suit would probably be more costly than a WC case.