"No you waived Workman's Comp when you got this job"

[underpants]

I can't be too specific but (third party info) - a waitress trips over a drunk patron (or the drunk patron fell on her) she breaks more than one rib when she lands on her serving tray. She tells her boss that she will need to file a Workman's Comp claim and she was told, "No you waived Workman's Comp when you took this job"

This is a national chain located mostly near malls (I think). This sounds like something right out of management training to dissuade such claims.

I have googled it a bit and it is complete nonsense from what I can tell. There is a waiver for a pre-existing disease but not for incidents such as this. She needs to go to a doctor and let the doctor start the process.

[Joanie Baloney]

1. What state does she work in? nt

[teddy51]

5. Shouldn't make any difference what State! n/t

[underpants]

7. Virginia

[gratuitous]

2. Get the claim form, fill it out, get the paperwork rolling

Laws vary from state to state, but any delay in starting the paperwork can be fatal to a claim. If she really did "waive" her right to workers' compensation, the claim can be denied by the appropriate agency, rather than her boss, who probably doesn't have that authority.

If your friend is unsure about her next move, take a look at your state's bar association website, and see if they have a lawyer referral service. Call or e-mail them and ask for a referral to an attorney who handles workers' compensation claims.

[underpants]

6. Excellent advice

thanks

[teddy51]

9. Great advice. I've never heard of a waiver on WCB. n/t

[The Second Stone]

3. In California it is a felony for the employer

to not have worker's compensation. No such thing as a waiver.

[teddy51]

4. As far as I know there is no such thing as waiving your rights to WCB. Another

pile of BS by an employer.

[mzteris]

8. bull***

She can locate the appropriate agency for her state online. Or pm me the info and I'll find it for you.

[mzteris]

10. here

Employees who suffer on-the-job injuries and diseases may be eligible for benefits under the Virginia Workers' Compensation Act. If injured, you should (1) report your injury to your employer immediately; and (2) file a claim with the Commission no later than two years after the accident. You should take similar immediate action if you are diagnosed with a work-related disease.

Your employer is required to file a report of the accident or disease with the Commission within ten days. Once this occurs, you will receive additional information from the Commission, as well as a file number. You will also receive a "PIN" letter, which will allow you to have online access to your file. You can then file a claim with the Commission online.

If your employer fails to report the accident to the Commission, you should file a claim directly with the Commission to alert us of the accident and protect your rights. You may file the claim on paper or online. Please contact the Commission at 1-877-664-2566 for assistance.

http://www.vwc.state.va.us/portal/vwc-website/ComServices/ComSrvcForInjuredWorkers

[underpants]

14. Yep- already have the link to give to my contact in this story tomorrow

AND she canNOT be fired for filing a claim (I can see that as a line of BS from the management) neither can a witness.

[bpositive]

11. I have heard of a waiver in State of TX?

Not sure what state this is but it is not too difficult to look up the WC statutes of a given state. I have never seem a waiver in any other state just exclusions for sole props, officers, partners and members of an LLC.

[csziggy]

12. She should file a claim

I don't know what the current law is and never knew in Virginia but in the 1970s my job was creating files for people whose employers never filed Workman's Comp claims for on the job injuries. Some cases went to appeal, most went through the process and the employees got the medical treatment they needed. And some employers were fined for NOT filing the reports or for not carrying Workman's Comp insurance - but they still had to pay for the worker's medical costs and time they were unable to work.

[Initech]

13. That waitress needs to file a claim with the dept of labor asap.

[Lint Head]

15. Having a business and not paying workman's compensation for employees is basically against the law.

That employer could be in major trouble if he/she refuses to pay for injuries on their property be it a patron or an employee. Especially an employee. I've dealt with it many times. File a claim and personally contact the Workman's Comp for the state. Here's how Tennessee law reads. They are liable if 'any' person is injured on their property.
"With the exception of employers engaged in the construction industries, employers with fewer than five employees are exempt from the state's worker's compensation act. Agricultural employers may secure worker's compensation coverage voluntarily, but are not statutorily compelled to do so. Employers may provide voluntary worker's compensation coverage for domestic servants."

[ashling]

16. So the employer is saying

"your only option is to sue the hell out of me."

[safeinOhio]

17. Spot on ashling

WC laws are to protect companies from facing jury trials, not workers.

[no_hypocrisy]

18. That doesn't make sense b/c Workers Comp exists in exchange for a worker

directly suing the employer for damages. If she "waived" workers comp, does that mean the restaurant WANTS her to sue them?

[lonestarnot]

19. What bullshit!