We were working on a conveyor inside a van trailer today. At the front of it there?s a 3/4? full sheet of plywood cover on hinges with a few 2x6?s fastened underneath it. Someone or something I can?t remember for sure now was holding it up while I was working underneath it. Somehow it dropped landed right on my head and my teeth must have clinched in the process and it almost completely knocked out my front tooth. Should I be asking if it can be covered under workers comp? I?m guessing the repair will be minimum $300 if not closer to $1000 depending what needs to be done. I?ve never worked off our own farm before and just wondering do I ask or just suck it up?
- Thread starter Philip d
- Start date
kcm.MN
Well-known Member
- Location
- NW Minnesota
If you were there as part of your job, AND unless you still have your baby teeth, I'd ask.
Write all the details down while they are fresh in your mind. Every single detail. I?ve been on the employer side of this before. The insurance companies take all of it very seriously and work hard to prevent fraud. Most states have a minimum employee requirement before workers comp is required.
steve_in_mo
Well-known Member
Talk to the people who own the van first. IF that doesn't work out you should consult an attorney.
In general , you have to be a formal employee of the owner of that van trailer as defined in state
law where you live, and the employer must have a workers compensation insurance policy, Otherwise
you are probably an independent contractor and you would have to sue for damages.
In general , you have to be a formal employee of the owner of that van trailer as defined in state
law where you live, and the employer must have a workers compensation insurance policy, Otherwise
you are probably an independent contractor and you would have to sue for damages.
john in la
Well-known Member
Your fault; there fault; no bodies fault; if you are hurt while on the job it is covered under workers comp at least under U.S. law.
You might get your butt reamed for not reporting it right away.
I have worked places that even if no one was hurt they wanted to know about it.
Called it a near miss report.
You might get your butt reamed for not reporting it right away.
I have worked places that even if no one was hurt they wanted to know about it.
Called it a near miss report.
Olliejunkie
Well-known Member
It should've been reported immediately. When you go to the dentist tell them it was on the job injury. They probably will ask.
Olliejunkie
Well-known Member
Also if it is auto related it can go on pip. I know probably not the case here.
I broke several teeth changing a tire. My pip insurance paid for it until it was exhausted then my dental ins took over. If its auto related they go after that insurance first. Non work related any way.
Moral of the story. If you get hurt and dont have insurance tell them you fell out of your pickup.
I broke several teeth changing a tire. My pip insurance paid for it until it was exhausted then my dental ins took over. If its auto related they go after that insurance first. Non work related any way.
Moral of the story. If you get hurt and dont have insurance tell them you fell out of your pickup.
Traditional Farmer
Well-known Member
- Location
- Virginia
Why is it going to cost anything I thought you guys had Free Heath care? Workmans Comp laws vary state to state down here so I'd imagine yours would be be unique too.
It?s on a farm and the farm owns the truck we were working
on. The farm owner came back about an hour after it
happened and he knows about it. He hasn?t offered to put it
through or pay for the repair yet so I?m guessing I?m going to
have to ask if it?s something I should be expecting.
on. The farm owner came back about an hour after it
happened and he knows about it. He hasn?t offered to put it
through or pay for the repair yet so I?m guessing I?m going to
have to ask if it?s something I should be expecting.
john in la
Well-known Member
It was on a farm and the farm ownes the truck
But do you work for this farm or do you work for someone that was doing work on the truck.
In other words a John Deere mechanic goes to a farm to work on a tractor and gets hurt. His claim is with the John Deere dealer he works for not the farmer.
If you was doing piece work for the farmer where you get paid x amount to do a job you may be considered the contractor and should have had your personal workers comp.
If you are a hourly paid person who ever signs your check is the person you need to talk to.
But do you work for this farm or do you work for someone that was doing work on the truck.
In other words a John Deere mechanic goes to a farm to work on a tractor and gets hurt. His claim is with the John Deere dealer he works for not the farmer.
If you was doing piece work for the farmer where you get paid x amount to do a job you may be considered the contractor and should have had your personal workers comp.
If you are a hourly paid person who ever signs your check is the person you need to talk to.
newhollandnut
Member
Hire a lawyer and for $5,000-$10,000 they will get it all figured out for you and might even get you the opportunity to look for another job. Haha. All kidding aside anything work related should be covered by workers comp but insurance is a sticky game. By the price you described they will probably just pay it as to avoid reporting a recordable accident. I know several years back I had a small work accident and they asked me to just put it on my company credit card too avoid reporting but looking back if I would have gotten an infection or something funny happened would have gotten interesting.
Hey tough way to start a new job.
Were you working for the farmer who owns the truck or the Electrition / contractor or are you acting as your own (sub) contractor? That incident would generally be covered by WorkSafe / Workers Comp and the claim would be against your employer.
I'm sure you paid and probably still do pay the WCB for your farm if you had employees or even yourself working on your farm. I do and while I've never filed a claim or had an employee file, you do need to make sure your paper work is in order.
Hope it works out ok for you. I broke the bottom off my front tooth off when a wrench slipped a few years ago. I just paid for it myself, it was only a couple hundred bucks and I can write that off. If it was an employee it would have been a pile of paper work but probably wouldn't have cost me anything.... although I bet the bill to the WCB would be a lot more than $200.
All the best. Grant.
Were you working for the farmer who owns the truck or the Electrition / contractor or are you acting as your own (sub) contractor? That incident would generally be covered by WorkSafe / Workers Comp and the claim would be against your employer.
I'm sure you paid and probably still do pay the WCB for your farm if you had employees or even yourself working on your farm. I do and while I've never filed a claim or had an employee file, you do need to make sure your paper work is in order.
Hope it works out ok for you. I broke the bottom off my front tooth off when a wrench slipped a few years ago. I just paid for it myself, it was only a couple hundred bucks and I can write that off. If it was an employee it would have been a pile of paper work but probably wouldn't have cost me anything.... although I bet the bill to the WCB would be a lot more than $200.
All the best. Grant.
Goneranchin
Member
I had a employee step on a nail he went to his doctor that afternoon. His doc looked it over gave him a tetanus shot sent him home he was back the next day. I called my comp carrier told what happened and asked if I could legally pay it and for go all the red tape. My rep said yes that was okay as long as there was minimal lost time and no follow up Doctor visit required. She also said to file the standard paper work and just note that I had paid for it. Buy doing so it would not effect my rates. Your employer might want the opportunity to take care of it himself. Many times medical treatments are much cheaper when paid by a individual rather than insurance.
Even though I am covered by Workman's comp I would have a hard time filing a claim on something minor that I should have known better ( smacking my own hand with a hammer , nothing broken ) and will recover in time .
With that being said , I would have no problem filing a claim even on something small , because someone else wasn't paying attention .( smacking my hand with a hammer , dropping an object on my head , knocking me off a ladder , etc )
You wont really know how bad your teeth are until they completely heal , which could take months . You may find that they will never heal without help .
80% of employers will act like they care in the beginning but try to get out of anything that cost them money . I have seen it happen many times .Dr Jeckel and Mr Hyde and you thought all along that the owner was a pretty cool guy .
Document it . If the employer doesn't want to or hesitates , that is your first clue something is wrong . Employers know that if the injury gets better they can drop it and if it gets worse then they can help you .
With that being said , I would have no problem filing a claim even on something small , because someone else wasn't paying attention .( smacking my hand with a hammer , dropping an object on my head , knocking me off a ladder , etc )
You wont really know how bad your teeth are until they completely heal , which could take months . You may find that they will never heal without help .
80% of employers will act like they care in the beginning but try to get out of anything that cost them money . I have seen it happen many times .Dr Jeckel and Mr Hyde and you thought all along that the owner was a pretty cool guy .
Document it . If the employer doesn't want to or hesitates , that is your first clue something is wrong . Employers know that if the injury gets better they can drop it and if it gets worse then they can help you .
ouch that hurts...yes you should question, and take the time to have a dentist quote a value for today's cost? and what might develop in the next month or more.....
and this dentist should ask/tell them it was a" workplace injury", get into the WCB paper work, because if "you" don't
have a report of incident, dentist paper trail, it will be VERY hard to obtain any required services...at a later date.
even if your employer is under the number of required employees that he has to have WCB coverage, WCB services
still apply to to any workplace injury....
And it might result in the employer having to modify the cover retention device?
your not out to shaft the employer, cause bad blood between friends.. but to ensure it doesn't happen again, or more seriously.
Take care
and this dentist should ask/tell them it was a" workplace injury", get into the WCB paper work, because if "you" don't
have a report of incident, dentist paper trail, it will be VERY hard to obtain any required services...at a later date.
even if your employer is under the number of required employees that he has to have WCB coverage, WCB services
still apply to to any workplace injury....
And it might result in the employer having to modify the cover retention device?
your not out to shaft the employer, cause bad blood between friends.. but to ensure it doesn't happen again, or more seriously.
Take care
RobCons
Well-known Member
- Location
- Central Alabama
Talk to your employer. Not sure if there is an exemption for farms but here general industry with 5 or more employees are required to have workman comp insurance. Owner is considered an employee in that count. A 1099, cash only, person can be an employee also depending on control the employer exerts. Contractors get caught with that sometimes.
1948CaseVAI
Well-known Member
In Kansas you have 72 hours to report, by law, but your employer may have a different (shorter) time limit. Report it ASAP.
Eagle Beagle
Member
Your healthcare probably doesn't cover optical as well. But if you get a nail driven thru your eyeball that suddenly becomes more than optical ins. will cover. That's why you get to the doctor asap and get the proper paperwork filed ASAP.
Beagle
Beagle
Crazy Horse
Well-known Member
Up here in Alberta, the current provincial government (been in just shy of four years) introduced a new farm safety bill for farm workers a while back. There was no coverage for farm workers before. Big firestorm, the farm owners were against it of course, they had to pay for workman's compensation fees to participate (no option) and they didn't want to. They used all sorts of excuses (including the fact that a lot of their workers were family and shouldn't be into that category of worker). Meanwhile, there is a provincial election next week and the new guy who will likely/probably win is running on a platform that he will discontinue that coverage for farm workers. I guess he is guessing that there are more farm owners than there are farm workers, not sure. That kind of a decision though is a tough one but like all political stuff, the side you are on depends on how much money it's gonna cost you. My opinion is that rolling it back to no coverage shows very little respect and acknowledgement to farm workers in the workplace.
dr sportster
Well-known Member
You need to file accident report ASAP. there is a time limit. Employer should be fully responsible for tooth repair.
Olliejunkie
Well-known Member
On another note if you have a work related injury and try to put it on personal insurance or Visa versa it is considered insurance fraud.
islandgreen
Member
Go to hospital and get it looked at .They will ask if It is under workman's compensation it will be reported.
showcrop
Well-known Member
Phill, legally it is not on you. Don't try to tell yourself that it is only $400.00 until you have seen the dentist, it may be more like $4,000. It is not a matter of being "offered to be covered"-you got hurt while working. His insurance is liable even if he is afraid that his rates may go up.
RandyB(MI)
Well-known Member
If it hit you that hard, you have no idea what might show up later on in your skull! Get it reported and pronto. Even if they agree to pay for your tooth , there will be no record of the accident for any complications later on. Don't just assume you are out of the woods. People have ended up with aneurisms in their head from things just like this. With no record of this...good luck ever getting anything else covered later on. Get it DONE!
Grandpa's Fords
Member
If you receive a payroll check from your employer and have deductions withheld you are covered by mandatory workers compensation. If you are paying for state and fed. taxes each pay period then the employer's comp. policy is obligated to take care of this. They must also provide a safe working environment.
What if you were rendered unconscious and had a fractured skull would he say it's on you!
I was injured 33 years ago (at work) my boss sent me to the doctor, paid for it, did not report it as a work related. X-rays nothing broke got some muscle relaxers and went back to work the next day. Since then 2 surgeries, radio lesioning of nerve endings and a fist full of pills everyday. Because of this I can only stay on my feet now for only 3-4 hours a day.
We were good friends and had worked together for years. He to this day regrets not turning it into comp. for me. I remember the day I was injured like it was yesterday. This has taken a large toll on everything in my life.
What if you were rendered unconscious and had a fractured skull would he say it's on you!
I was injured 33 years ago (at work) my boss sent me to the doctor, paid for it, did not report it as a work related. X-rays nothing broke got some muscle relaxers and went back to work the next day. Since then 2 surgeries, radio lesioning of nerve endings and a fist full of pills everyday. Because of this I can only stay on my feet now for only 3-4 hours a day.
We were good friends and had worked together for years. He to this day regrets not turning it into comp. for me. I remember the day I was injured like it was yesterday. This has taken a large toll on everything in my life.
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