Right to Sue in Pennsylvania PT2

[musik]

I posted a question regarding my wife's right to sue because of an injury already but I don't think I made light of this issue.

My wife is a cook that works at a rectory. Her job is to shop, cook and serve the 3 priests that work there. Her accident was because the one priest had his dog's feeding dish in the kitchen and the dog moved it with his snout to the center of her walkspace. She tripped and broke her ankle (lucky it wasn't more since she is 5 months pregnant. Since caring for the dog is not part of her job, wouldn't this be outside the grounds of workman's compensation? She has been laid up now for 1 month and has begun receiveing workmans comp. payments. She has not cashed them yet because she wants to be aware of her options. On the report she filed with the insurance people they worded the accident (Fell over a bowl and not a dog feeding bowl even though her tape recorded statement has the dog's reference) - how convenient if that technicality exists. Please let me know. Thanks again. You are always VERY helpful.


Musik

 

[Beth3]

Driving a forklift isn't part of my job responsibilites but if I walk out into the plant and get hit by one, it's still worker's comp. The issue is that the injury occured on the employer's premesis and in the course of the employee carrying out his/her job duties.

Your wife should cash her indemnity payments. The technicality you are looking for doesn't exist. Doesn't matter if it was the dog's food dish, a satellite dish, or any other kind of dish. She fell over it while she was at work. That makes it worker's comp and her sole remedy for her medical and related expenses.