Does my friend have a case?

Discussion in 'Blazers OT Forum' started by Fez Hammersticks, Nov 2, 2010.

  1. Fez Hammersticks

    Fez Hammersticks スーパーバッド Zero Cool

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    He works in security and he's very good friends with a State official. He requested my friend, on his day off, to work a fund raiser party. So he took the offer but fell ill on the job. It was very hot out and nearly had a heat stroke. He was taken by ambulance to the ER.

    Now he's gotten the $900 bill (ambulance ride) that will be taken out of his check. Oh, he's being sued for this amount by the employer. Wouldn't workers-comp apply in this situation?
     
  2. EL PRESIDENTE

    EL PRESIDENTE Username Retired in Honor of Lanny.

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    IMO, there is no negligence on the part of the employer.
     
  3. EL PRESIDENTE

    EL PRESIDENTE Username Retired in Honor of Lanny.

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    how exactly is he "getting sued"? Small claims?
     
  4. BLAZER PROPHET

    BLAZER PROPHET Well-Known Member

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    Off day. Doing volunteer work. Not doing his normal and usual job. I fail to see why W/Comp would apply.
     
  5. EL PRESIDENTE

    EL PRESIDENTE Username Retired in Honor of Lanny.

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    Re: Re: Does my friend have a case?

    I've worked a wc case where a 1099er for a one day event got paid pretty well.
     
  6. BLAZER PROPHET

    BLAZER PROPHET Well-Known Member

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    W/Comp has really tightened the rules over the last 10 years and denies a lot more. The massive fraud and abuse caught up to them and they had to tighten the belt.
     
  7. EL PRESIDENTE

    EL PRESIDENTE Username Retired in Honor of Lanny.

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    This was maybe 5-6 years ago. It was a real bitch though, i think they settled with our claim just to get stop us bothering them so much. We went to the appeals board several times, but in the end we increased the settlement several times over.
     
  8. maxiep

    maxiep RIP Dr. Jack

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    I think I'd wait for Stevenson or oldmangrouch to weigh in if I were you.
     
  9. EL PRESIDENTE

    EL PRESIDENTE Username Retired in Honor of Lanny.

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    Re: Re: Does my friend have a case?

    Nahhhhhh
     
  10. ucatchtrout

    ucatchtrout Well-Known Member

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    Technically, in the state of Oregon, you are not allowed to "volunteer" for work with your employer. They have that law in place to protect employees from being exploited, and to make sure they are covered by insurance in case of an accident.
     
  11. EL PRESIDENTE

    EL PRESIDENTE Username Retired in Honor of Lanny.

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    There was no accident.
    Not employers fault contractor didn't stay hydrated
     

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