Basics of workers’ compensation & claims
Gladys an administrative assistant at a brokerage firm was involved in a slip and fall accident at work. On her way to a doctor’s appointment for her work-related injury, she is involved in a car accident when the vehicle behind her failed to stop and rear ended her as she was entering the parking lot where her doctor’s office is located. The car accident has now resulted in significant injury to Gladys’ back. When she arrives that day at her employer’s office, she informs them of the accident, at this point her employer denies her of any benefits from workers compensation. Gladys is now required to file all medical treatment on her health insurance and to file for short-term disability as she recuperates from her injury and is unable to work. As Gladys attempts to recover compensation from the at-fault driver, her health insurance and shortterm disability provider inform her that they want to be reimbursed from anything that the at-fault driver’s insurance pays related to the accident. Gladys is worried as she doesn’t want to lose her job, but she cannot afford the mounting expenses.
Case Questions: 1) Does the employer have a right to deny her worker’s compensation claim for the car accident? 2) Is it legal to submit claims under your health insurance for a worker’s compensation injury? 3) What do you recommend Gladys do in this situation?