Nana

[031253]

What is the name of your state? Pennsylvania
On Aug., 30, 2004 I fractured my foot going the steps of my place of employment. My work housr for that day were 8:00 A.M. to 4:00 P.M.
The incident happened around 7:45 A.M. A representative from workers' compensation called and stated that there is a coming and going clause. Since I wasn't scheduled to be there until 8:00 A.m., they would not cover my wages or medical bills. I need to get information of the owners (the company I work for leases the building) liability insurance to cover my medical bills, and that I need to take Family Medical Leave, which pays my wages, but the downfall is that I will need to use my accrued vacation and personnel time. Since this happened at my place of employment, would workers' compensation cover this? A little note, I always go to work 10-15 minutes early. A quick response would be greatly appreciated.

Thank You

 

[Beth3]

Whether the WC carrier is liabile depends entirely on your State's WC regulations. In my State, virtually anything that happens to an employee on the employer's property (including sips and falls) is WC. I don't know if that's the case for PA however - each State has it's own WC reg's.

It's likely the WC carrier is giving you a straight answer as WC carriers and employer WC liability is highly regulated by the State but it wouldn't hurt to give your State's WC Division a call and see what they say.

By the way FMLA does NOT pay your wages. In fact, the Family and Medical Leave Act specifically says it is unpaid leave. Now your employer may well offer a disability benfit or salary contination plan but that is a separate matter.

If this turns out not to be worker's comp, then submit the bills to your customary medical insurance plan and they will subrogate the claim against the property owner's insurance if that's appropriate.