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tired
05-26-2015, 09:05 AM
I have an employee that has back sprain. Our workman's compensation insurance has paid for two visits to urgent care where they x-rayed him and gave him some ibuprofen, etc.

The problem is that this employee expects to be clocked-in and paid for his time at urgent care. Is this a requirement or even a common practice? I live in Texas in case that helps.

Harold Mansfield
05-26-2015, 10:06 AM
I have an employee that has back sprain. Our workman's compensation insurance has paid for two visits to urgent care where they x-rayed him and gave him some ibuprofen, etc.

The problem is that this employee expects to be clocked-in and paid for his time at urgent care. Is this a requirement or even a common practice? I live in Texas in case that helps.

I'll bet that's irritating. Especially since back injuries are hard to prove, and are the most common way people scam employers, workman's comp and disability.


Seems like this is a situation where he would use his sick days, flex time or whatever you offer your employees for time off for things like this.

I have no idea what the law says, I'm just spit balling...but it just seems like you shouldn't have to pay for someone to go to doctors appointment regardless of the circumstances. You're already paying for the appointment.

You're either at work or you're not. Seems pretty cut and dry. If you're somewhere else, you're not here. Why are you punched in?

Freelancier
05-26-2015, 10:36 AM
The problem is that this employee expects to be clocked-in and paid for his time at urgent careLooks like the employee has expectations that don't match up with the company's policies. Company policy will win unless he sues for the time lost to going to doctors. Check with your insurance provider for guidelines about that.

tired
05-27-2015, 09:10 AM
Thanks, everybody. :)

Harold Mansfield
05-27-2015, 10:23 AM
I'd also investigate the circumstances of the accident. Was he using the correct safety protocols? Was he horsing around? Was he wearing the correct foot gear?
Was it actually your fault?

By punching in and going to his appointment that you're paying for, he's saying that as far as he's concerned that it's your fault, therefore he shouldn't miss the time.

Since you're paying for the appointments you probably are privy to the results and x-rays. Is he really injured, or is it all "soft tissue injuries that can't be picked up by x-rays"?
I'm not saying he's not injured, but this is how it starts.

I've seen a lot of people "slip and fall" in restaurant kitchens over the years. I don't know how many turned into anything, but it used to be very common. Can't figure out how I've managed to work 20 years in bars, clubs and restaurants (fine dining to boats and beach bars) and have never slipped and fallen once, while others seem to have the footing of Laurel and Hardy wearing banana peels for shoes.

I'm sure your insurance company will have a better grip on the situation, but I think this gives you a glimpse into what kind of person you're dealing with. Don't be surprised if he tries to sue.

Slip and fall suits are pretty much a prerequisite in this country. It's such a joke that the lawyers don't even hide it anymore. Every other commercial on TV is advertising to get you money if you slip and fall.

Not trying to sound the panic alarm. Just saying watch your back and investigate the accident to make sure he was doing everything correctly.

tired
05-28-2015, 08:25 AM
Thanks, everybody :) I have decided to not make an issue of it, because I am feeling very overwhelmed right now. I am having insomnia and anxiety, so I am trying to go easy on myself.

MyITGuy
05-29-2015, 06:00 PM
As far as I can recall, this would not be expected. Any time spent traveling to/from/at the urgent care facility should be covered under any company sick leave or unpaid/paid time off policies. In the event of an extended absence then the employee may be able to seek reimbursement for lost time/wages.

By paying the employee for this time as if they were clocked in, you expose yourself to additional liability. I.E. The employee gets into an accident while on the clock traveling to the urgent care facility could expose your company to any damages/losses by both parties.