Broken Ankle while Coaching

[lilmuskrat66]

What is the name of your state? Indiana

I verbally accepted to come coach for a local college. We start practicing and I'm out coaching. I'm showing the guys some drills and I broke my ankle. I went to a local clinic to get it looked at and see what was wrong. I found out that I've broken it. I admitted that it happened while I was working and they start the worker's comp paperwork. The head coach says it's not a workers comp case because I wasn't supposed to be out on the field practicing with the guys (I have some text messages saying otherwise) and that I never went through orientation or did the final paperwork to become an official employee through the university. He then asked if I can have them switch it over to my insurance and he doesn't want to see this have an effect on my ability to coach if this becomes a big deal. I called a personal injury attorney, but I'm nervous that this could end up coming back on me and I won't get the treatment I need to fix it. I just want to know what kind of options there are if they refuse to take this as a worker's comp claim. I'm not looking to sue for damages or lost time, I just want my ankle fixed, but I probably would if they are going to fire/not hire me over this. Any help would be appreciated and if I'm missing anything I will try to post back.

 

[quincy]

What is the name of your state? Indiana

I verbally accepted to come coach for a local college. We start practicing and I'm out coaching. I'm showing the guys some drills and I broke my ankle. I went to a local clinic to get it looked at and see what was wrong. I found out that I've broken it. I admitted that it happened while I was working and they start the worker's comp paperwork. The head coach says it's not a workers comp case because I wasn't supposed to be out on the field practicing with the guys (I have some text messages saying otherwise) and that I never went through orientation or did the final paperwork to become an official employee through the university. He then asked if I can have them switch it over to my insurance and he doesn't want to see this have an effect on my ability to coach if this becomes a big deal. I called a personal injury attorney, but I'm nervous that this could end up coming back on me and I won't get the treatment I need to fix it. I just want to know what kind of options there are if they refuse to take this as a worker's comp claim. I'm not looking to sue for damages or lost time, I just want my ankle fixed, but I probably would if they are going to fire/not hire me over this. Any help would be appreciated and if I'm missing anything I will try to post back.

I suggest you make an appointment with a personal injury lawyer for a personal review of the facts of your employment and of your injury accident.

It does not appear you were officially an employee of the college at the time of your ankle injury and there is a question whether you were even authorized to be on the field coaching at the time of your injury. A workers compensation claim might be denied.

Depending on how you injured your ankle, however, the college still might be shown to have some liability.

I recommend you continue to get medical treatment for your ankle as needed and have the lawyer you see go over legal options with you.

Good luck.

 

[lilmuskrat66]

On the authorization part, if it's found that I was told practice times/dates/and drills to be run while coordinating with that coach directly, would that be enough to prove authorization, even if it was inappropriate by the head coach? What kind of evidence should I be looking at that, besides those aforementioned plans, would help me in case this becomes very serious?

 

[quincy]

On the authorization part, if it's found that I was told practice times/dates/and drills to be run while coordinating with that coach directly, would that be enough to prove authorization, even if it was inappropriate by the head coach? What kind of evidence should I be looking at that, besides those aforementioned plans, would help me in case this becomes very serious?

Knowing the dates and times of practice is not enough to show you were authorized to coach.

It does not appear you were employed yet by the college, so I am afraid you will not be eligible for workers compensation benefits. You will probably have to look to your own insurance to cover your medical expenses.

But a personal review by an attorney in your area might help you determine this better.

How exactly did you injure your ankle?

 

[lilmuskrat66]

I'll see what the attorney says tomorrow.

I'm just curious as to what would have to be said to prove he wanted us to come to that practice and coach those kids, or if there's any liability in him not explicitly telling us to leave or not participate on the field in drills.

the injury was actually sustained through demonstration of some ladder work on the field.

 

[quincy]

I'll see what the attorney says tomorrow.

I'm just curious as to what would have to be said to prove he wanted us to come to that practice and coach those kids, or if there's any liability in him not explicitly telling us to leave or not participate on the field in drills.

the injury was actually sustained through demonstration of some ladder work on the field.

As long as you are seeing an attorney tomorrow, you can discuss the circumstances surrounding your injury and the terms of your prospective employment with the college.

With no contract signed, however, you will more likely be viewed as a visitor or volunteer rather than an employee. The college could still be shown to have some liability - but your injury is unlikely to be covered by workers compensation.

Good luck.

 

[PayrollHRGuy]

Just because you were not yet an "official" employee doesn't mean you weren't an employee and hence covered by workers' compensation. It sounds to me as you were "suffered to work" even though you hadn't done the paperwork yet.

 

[adjusterjack]

I agree with PayrollHRGuy. My pendulum swings toward employed and I suggest a workers comp attorney instead of a personal injury attorney. A workers comp attorney would know more about what it takes to be an employee under the workers comp laws.

If you weren't an employee you would have to prove that the school was somehow negligent in causing your injury and I don't see that at all.

Your push should be for workers comp and you would be entitle to wages and medical cost.

Meantime, get the medical treatment you need regardless of how you have to pay for it. Use your medical insurance if you have to and if you get approved for WC your medical insurance can be reimbursed.

By the way, the threat of losing the job if you make a WC claim is ILLEGAL and should be reported to the WCB.

https://www.in.gov/wcb/

In fact, you might look into the "disputed claims" feature instead of relying on what your employer is telling you. Getting the state involved may eliminate the need for a lawyer. Still, can't hurt to do both.

 

[Whoops2u]

I have little idea on if you will be considered an employee or rostered volunteer that is covered by Indiana's workers compensation rules. But, if you are, were you wearing shinguards when you got hurt?

 

[Zigner]

I have little idea on if you will be considered an employee or rostered volunteer that is covered by Indiana's workers compensation rules. But, if you are, were you wearing shinguards when you got hurt?

Not that it matters in the slightest, of course.

 

[Whoops2u]

Not that it matters in the slightest, of course.

If by "in the slightest" you mean it could completely prevent recovery, I guess I agree.

https://www.lawserver.com/law/state/indiana/in-code/indiana_code_22-3-2-8
Sec. 8. No compensation is allowed for an injury or death due to the employee’s knowingly self-inflicted injury, his intoxication, his commission of an offense, his knowing failure to use a safety appliance, his knowing failure to obey a reasonable written or printed rule of the employer which has been posted in a conspicuous position in the place of work, or his knowing failure to perform any statutory duty. The burden of proof is on the defendant.

The NCAA lists shin guards as a required item. Most schools require adherence to NCAA rules for all coaches in the documents they sign when hired. A coach who is actively participating in drills should have shin guards on. I know the OP said he was demonstrating and, if there was no active play in the demonstration, shin guards would probably not be required.

 

[Zigner]

In other words, it doesn't matter in the slightest. Even if all the other factors had been met, a shin guard would not protect from a broken ankle in this instance.

Again, it doesn't matter in the slightest.

 

[quincy]

Just because you were not yet an "official" employee doesn't mean you weren't an employee and hence covered by workers' compensation. It sounds to me as you were "suffered to work" even though you hadn't done the paperwork yet.

It is possible he could be classified as an employee but I do not see from what has been said that the college directed him to coach (or even that the college had hired him as coach).

It is definitely worth exploring the possibility of workers compensation covering the injury because I think (absent some defect on the field that led to the injury) it will be hard to show negligence on the part of the college.

If someone shows up on a practice field and starts instructing players, with no contract or training or authorization to do so, though, a workers compensation claim is likely to be denied.

A personal review of his employment status will determine this better.

 

[Zigner]

One thing I'd like to point out is that the NCAA requirement is for shin guards to be used in order to protect the (insert drum roll here)...shins!

Heck, since I'm educating you here: the NCAA requirements for shin guards apply to students. Furthermore, the NCAA specifically states (for football) that "During spring practice, an institution has the discretion to determine the practice activities that may occur during noncontact sessions (e.g., blocking dummies), provided no football gear or protective equipment other than head gear, shoes, pants and porous, light-weight jerseys are worn by the involved players.

Lastly, why don't you point out the section of the NCAA rules that require shin guards...