UPDATE to Worker's Comp Prcedure questions

[Rwedunyet]

What is the name of your state (only U.S. law)? NC

The original thread can be found here: https://forum.freeadvice.com/workplace-injuries-worker-s-compensation-32/workers-comp-procedure-questions-619186.html

I received an email notification yesterday that my thread has had some attention but did not have time to respond. This morning I found the thread I been locked. Since Quincy was so helpful, and had mentioned an update, I thought I would go ahead and provide one.

My workplace is very small. It is a franchise of 10 properties spread out through the state. This particular property employees only 2 people, me and my supervisor. As a result, safety requirements are minimal. There was no call for a spotter when I am on the ladder, and this is good, seeing as how there is no one there to spot for me (My supervisor is busy with his own job requirements). To put the case bluntly, I was doing my required duties, within the requirements of the company and company provided equipment failed, causing my injuries.

My reason for posting the original thread was because I was (am) unfamiliar with the worker's comp procedures and wanted to ensure that things were being done properly.

As for the update:
The defective ladder was IMMEDIATELY replaced. My claim went through without a problem, and all my medical expenses were paid (including prescriptions). The owner of the company went as far to give a little extra on my Christmas bonus check to help out with the gas money incurred during doctor visits. This company owner is a really great guy who honestly cares about his employees.

There is no need for civil action because I have no damages.

As for my rear end, it is well. I am back at work, although my butt aches at the end of the day. And, it looks as if my family will never eat frozen corn again.

 

[commentator]

Thanks for sharing again. My husband is a safety manager for a large national company with much involvement in Worker's comp. We are glad that the program worked as it should've for you, and that you did not have lasting injuries. The worst thing about this injury is that you don't get much respect for "I broke my butt!" but it is, really a very painful situation, which I had happen to me, and every single person I complained about it to laughed at me! I am also glad you work for a decent company with good policies in place and that the owner ever helped you out with some of your expenses above and beyond. I like to hear that.

To my friend on the board, the source of my information which I quoted was apps.americanbar.org/labor/lel.*****09/.*****087.pdf
I understand how you could dislike the term "sole remedy" and sole source etc. I wonder if those terms have not been used deliberately by employers and their legislators who pass these laws and control these programs on the state level to make it extremely clear to people in the Southeast particularly that they are going to get NOTHING, repeat NOTHING but worker's comp? And really, there are some other rights and remedies, but that's what they call it frequently and with emphasis. In my state, they have recently taken worker's comp completely out of the civil courts and made it into an agency tribunal situation. And boy, do those employers control that agency! People do not realize how many of their rights they are giving up at the present time, and this worries me.

 

[quincy]

What is the name of your state (only U.S. law)? NC

The original thread can be found here: https://forum.freeadvice.com/workplace-injuries-worker-s-compensation-32/workers-comp-procedure-questions-619186.html

I received an email notification yesterday that my thread has had some attention but did not have time to respond. This morning I found the thread I been locked. Since Quincy was so helpful, and had mentioned an update, I thought I would go ahead and provide one.

My workplace is very small. It is a franchise of 10 properties spread out through the state. This particular property employees only 2 people, me and my supervisor. As a result, safety requirements are minimal. There was no call for a spotter when I am on the ladder, and this is good, seeing as how there is no one there to spot for me (My supervisor is busy with his own job requirements). To put the case bluntly, I was doing my required duties, within the requirements of the company and company provided equipment failed, causing my injuries.

My reason for posting the original thread was because I was (am) unfamiliar with the worker's comp procedures and wanted to ensure that things were being done properly.

As for the update:
The defective ladder was IMMEDIATELY replaced. My claim went through without a problem, and all my medical expenses were paid (including prescriptions). The owner of the company went as far to give a little extra on my Christmas bonus check to help out with the gas money incurred during doctor visits. This company owner is a really great guy who honestly cares about his employees.

There is no need for civil action because I have no damages.

As for my rear end, it is well. I am back at work, although my butt aches at the end of the day. And, it looks as if my family will never eat frozen corn again.

Thank you for the update, Rwedunyet. It sounds as if you have a good employer and that is really nice. I am sorry to hear you still have some pain from the fall, though.

I guess I should also thank the visitor from Dubai, who mistakenly revived your older thread, for spurring this update.

And thank you, commentator, for the source of your earlier quote. The letters you mentioned that were sent by attorneys to those who have suffered workplace injuries make more sense now if workers are indeed told they have NO legal recourse outside workers compensation.