Comments on: Worker attacked by candy machine sues for comp http://www.hrblunders.com/worker-attacked-by-candy-machine-did-he-get-comp/ The worst mistakes, catastrophes, and near-misses Sat, 24 Jul 2010 21:23:25 +0000 hourly 1 http://wordpress.org/?v=abc By: Father of 2 boys http://www.hrblunders.com/worker-attacked-by-candy-machine-did-he-get-comp/comment-page-1/#comment-8870 Father of 2 boys Fri, 23 Jan 2009 21:52:29 +0000 http://www.hrblunders.com/?p=67#comment-8870 One thing that I have found is that whatever you reap you will eventually sow. It does come back to bite you; and with a vengeance! For those who really need W/C; I feel that they should get it; but the ones that are just faking or 'milking the system'; it will come back to them! And I can honestly say that I feel sorry for those who purposely lie to get the W/C money... When it comes back to them, they will not feel that it was worth it! One thing that I have found is that whatever you reap you will eventually sow. It does come back to bite you; and with a vengeance! For those who really need W/C; I feel that they should get it; but the ones that are just faking or ‘milking the system’; it will come back to them! And I can honestly say that I feel sorry for those who purposely lie to get the W/C money… When it comes back to them, they will not feel that it was worth it!

]]> By: Top 10 HR Blunders of 2008 | HRBlunders.com | The worst mistakes, catastrophes, and near-misses http://www.hrblunders.com/worker-attacked-by-candy-machine-did-he-get-comp/comment-page-1/#comment-7066 Top 10 HR Blunders of 2008 | HRBlunders.com | The worst mistakes, catastrophes, and near-misses Thu, 18 Dec 2008 11:03:57 +0000 http://www.hrblunders.com/?p=67#comment-7066 [...] Worker attacked by candy machine sues for comp. Does a company pay workers’ comp if an employee, returning from an unpaid break, injures his [...] [...] Worker attacked by candy machine sues for comp. Does a company pay workers’ comp if an employee, returning from an unpaid break, injures his [...]

]]> By: Melinda http://www.hrblunders.com/worker-attacked-by-candy-machine-did-he-get-comp/comment-page-1/#comment-4197 Melinda Fri, 10 Oct 2008 19:48:54 +0000 http://www.hrblunders.com/?p=67#comment-4197 We never contest WC claims unless we are 100% sure the claim is not valid. For example, we had a personal trainer working at a gym. There were no customers so she was sitting at a desk doing paperwork when she sneezed and threw out her back. There were no witnesses but she was given 6 weeks of FMLA protected leave and worker's comp payments. We never contest WC claims unless we are 100% sure the claim is not valid. For example, we had a personal trainer working at a gym. There were no customers so she was sitting at a desk doing paperwork when she sneezed and threw out her back. There were no witnesses but she was given 6 weeks of FMLA protected leave and worker’s comp payments.

]]> By: Misty http://www.hrblunders.com/worker-attacked-by-candy-machine-did-he-get-comp/comment-page-1/#comment-1890 Misty Fri, 25 Jul 2008 17:42:09 +0000 http://www.hrblunders.com/?p=67#comment-1890 A positive drug test will not validate a w/c injury; it provides the means to terminate the employee if you have in place a policy for this. Sorry! A positive drug test will not validate a w/c injury; it provides the means to terminate the employee if you have in place a policy for this. Sorry!

]]> By: Cole Camp http://www.hrblunders.com/worker-attacked-by-candy-machine-did-he-get-comp/comment-page-1/#comment-202 Cole Camp Wed, 07 May 2008 14:26:28 +0000 http://www.hrblunders.com/?p=67#comment-202 My company prides itself on being a family atmosphere and really worked to take care of a former employee that had been having some health issues only to find out later that it was a substance abuse problem. He was late to the job site on a regular basis and had repeated absences for his days in the office. When we finally cut him loose, we had already packed his belongings and had them by the front door. He claimed that he strained his back carrying his belongings to the car and has been milking the worker's comp for several years now. My company prides itself on being a family atmosphere and really worked to take care of a former employee that had been having some health issues only to find out later that it was a substance abuse problem. He was late to the job site on a regular basis and had repeated absences for his days in the office. When we finally cut him loose, we had already packed his belongings and had them by the front door. He claimed that he strained his back carrying his belongings to the car and has been milking the worker’s comp for several years now.

]]> By: Michael Horton http://www.hrblunders.com/worker-attacked-by-candy-machine-did-he-get-comp/comment-page-1/#comment-200 Michael Horton Wed, 07 May 2008 11:19:02 +0000 http://www.hrblunders.com/?p=67#comment-200 I think it is very telling that in Doug Reye's case, 80% of the folks who represent his company in worker's comp cases are on some sort of disability. I guess they have learned how to scam the system. That is sad. The second thing I am taking away from this discussion is that providing food for employees leaves the door open to a compensable claim. Finally, everyone should be wary of claims which are not promptly reported. We emphasize immediate reporting during new hire orientation. Ultimately, late reporting leads everyone to question the legitimacy of a claim and leads to suspicion when there are no witnesses. By the way, I am not surprised that a positive drug test does not void a work comp claim. I think it is very telling that in Doug Reye’s case, 80% of the folks who represent his company in worker’s comp cases are on some sort of disability. I guess they have learned how to scam the system. That is sad.

The second thing I am taking away from this discussion is that providing food for employees leaves the door open to a compensable claim.

Finally, everyone should be wary of claims which are not promptly reported. We emphasize immediate reporting during new hire orientation. Ultimately, late reporting leads everyone to question the legitimacy of a claim and leads to suspicion when there are no witnesses.

By the way, I am not surprised that a positive drug test does not void a work comp claim.

]]> By: Ann Bornstein http://www.hrblunders.com/worker-attacked-by-candy-machine-did-he-get-comp/comment-page-1/#comment-128 Ann Bornstein Sun, 27 Apr 2008 15:52:18 +0000 http://www.hrblunders.com/?p=67#comment-128 I had an employee caught stealing money(not disputed). He was promptly fired. Two days later he filed for worker's comp for back strain lifting a box the day before he was fired. Of course I fought the claim but he won. $10,000.00. Insurance company said it was more cost effective to settle than to fight. What that did was show other employees how to scam the system. A couple of years later, I had another employee who one day just stopped showing up for work. No phone call, nothing. When I called, she said she didn't want to work anymore. Guess what. A week later she filed a claim that she dropped a bowl on her foot and when she bent over to pick up the bowl, she hurt her back. What do you think happened when I fought that claim? She won. Once again the insurance company said it was cheaper to settle than fight the case. I don't know what is worse, the lying employees or these insurance companies who actually help facililtate the frauds. I had an employee caught stealing money(not disputed). He was promptly fired. Two days later he filed for worker’s comp for back strain lifting a box the day before he was fired. Of course I fought the claim but he won. $10,000.00. Insurance company said it was more cost effective to settle than to fight. What that did was show other employees how to scam the system. A couple of years later, I had another employee who one day just stopped showing up for work. No phone call, nothing.
When I called, she said she didn’t want to work anymore. Guess what. A week later she filed a claim that she dropped a bowl on her foot and when she bent over to pick up the bowl, she hurt her back. What do you think happened when I fought that claim? She won. Once again the insurance company said it was cheaper to settle than fight the case. I don’t know what is worse, the lying employees or these insurance companies who actually help facililtate the frauds.

]]> By: Pamela http://www.hrblunders.com/worker-attacked-by-candy-machine-did-he-get-comp/comment-page-1/#comment-119 Pamela Fri, 25 Apr 2008 23:48:16 +0000 http://www.hrblunders.com/?p=67#comment-119 We had a very similar case as stated in #3. Our employees were provided with boxes of raisins to eat as snacks at work. The employee bit down on a raisin that contained a seed and broke a tooth. She also won the case. We had a very similar case as stated in #3. Our employees were provided with boxes of raisins to eat as snacks at work. The employee bit down on a raisin that contained a seed and broke a tooth. She also won the case.

]]> By: Michelle Wright http://www.hrblunders.com/worker-attacked-by-candy-machine-did-he-get-comp/comment-page-1/#comment-110 Michelle Wright Fri, 25 Apr 2008 18:42:47 +0000 http://www.hrblunders.com/?p=67#comment-110 I work for a manufacture in California. My first week of work I had an old worker's comp case where an employee had hit her head on a taco wagon door when she bent down to pick up a free burrito when they gave then out for free. She was on a paid break so the company did not contest the claim. The big problem I ran into was with the doctor who was leading her into an series of other issues that she wasn't having until he mentioned them. I was sitting in on one of the appointments when he looked over at her and asked if she has been "forgetting stuff lately" and she started crying and said "what?" it was like a movie script. I think he was running some sort of game on us, I have not been back to use that doctor since. I work for a manufacture in California. My first week of work I had an old worker’s comp case where an employee had hit her head on a taco wagon door when she bent down to pick up a free burrito when they gave then out for free. She was on a paid break so the company did not contest the claim. The big problem I ran into was with the doctor who was leading her into an series of other issues that she wasn’t having until he mentioned them.
I was sitting in on one of the appointments when he looked over at her and asked if she has been “forgetting stuff lately” and she started crying and said “what?” it was like a movie script. I think he was running some sort of game on us, I have not been back to use that doctor since.

]]> By: Debbie http://www.hrblunders.com/worker-attacked-by-candy-machine-did-he-get-comp/comment-page-1/#comment-109 Debbie Fri, 25 Apr 2008 18:41:31 +0000 http://www.hrblunders.com/?p=67#comment-109 People will do anything to get money from comp when sometime it has nothing to do with work. People will do anything to get money from comp when sometime it has nothing to do with work.

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