Workplace Injury for non-work-related duties

[Valentine141]

What is the name of your state? Colorado
About 2 years ago, I was the lead supervisor on duty during an April snowstorm. Building maintenance did not show up to clean the outside stairs, so I called my manager to obtain their telephone number. The manager stated that "it wasn't snowing that badly at her house" and that I should take care of cleaning the stairs. The manager also stated that I could not assign that task to any non-exempt employees because of "potential liability issues." As there were no other exempt employees available that night and because several employees had already complained to me about the slippery steps, I went out and shoveled/salted. I did so because I felt that I did not have a choice and that I could potentially be held personally liable for any injuries caused to an employee if I failed to take action on their complaints. In the process, I hurt my right shoulder, which is still painful today. I spent a year (off/on) in therapy, but the doctor states that I will most likely have problems with this shoulder for the rest of my life. I feel that I should be compensated for the pain that I have had to endure up until now and will have to endure in the years to come. (Incidently, the manager in question was eventually fired for separate incidents and I have been promoted to her position.) Do I still have a case?

 

[SuzieWahoozie]

Answer

I don't know CO laws specifically and Wc laws vary from state-to-state, but what you are describing sounds like a workers' compensable injury to me. Just because you are doing something out of the realm of your normal job duties, it doesn';t negate the fact that you were at work engaged in activities aimed at furthering the ER's interests. If you hadn't been at work, doing something at the instruction and with the knowledge of your ER, you probably wouldn't have hurt yourself.

In any case, I hope you file d a WC case report on this. Although you can still do so (if the statute of limitations hasn't run out in CO...in any case, you can always try), it is going to be much harder to prove your case now...two years have passed! How are you going to now prove this was an on-the-job injury? For all they know you could have hurt your shoulder playing football last week.

All you can do at this point is try to file the WC case if you haven't already done so. They may (probably will) deny the claim, at least initially, but what have you got to lose?

If you have already filed a WC claim, you need to be sure you are communicating with the Wc carrier so they know the problem is persisiting.

 

[Valentine141]

Thanks for your response. I did file a w/c claim and the therapy period was covered under it. The w/c case was eventually closed after the therapy period was completed, but there was never any monetary compensation discussed at the time.

 

[tjr5150]

i live in colorado and in colorado if case is closed and you signed walking papers there is nothing you can do

 

[Besideherself]

Your lawyer can reopen the case with an Order to Reopen for New or Further Injuries. If you have a permanent disability, you could receive weekly payments, even if you are working, or you could receive a Compromise and Release settlement in a lump sum for permanent disability.

Has your doctor written a permanent and stationary report? If so, what does it say? In workers' compensation cases, they "rate" the permanent disability after your condition becomes permanent and stationary. What you receive in monetary compensation depends upon the percentage of permanent disability you have.

I work with workers' compensation cases all the time. They are the same in every state. Speak with your WC attorney.