Clocked in went to monthly meeting in lunch room located inside company property. Won a grill that was raffled in the meeting which was 30lbs that was brand new in box, carried box while walking inside building hurt my lower back and leg while walking inside building on my way to take my prize to car but never made it out due to my injury which when all this happened I was clocked into work. I’m a temp from agency at this company they say it’s not a workcomp case so it won’t be covered they won’t pay lost wages, doctors visits or chiropractor visits requested by doctors I must file for state disability because what I was doing wasn’t not work related and wasn’t a duty from my job description that caused the injury. Once doctor clears me I can see if my position is still available to return to work but in the mean time they cannot acomodate my medical restrictions.
We start with the presumption that an injury on the premises is compensable under workers' compensation. The employer or insurance carrier could raise a defense that this injury did not arise out of your employment. But the logic would likely flow that this should be work related as this was all part of a company event, and the provision of the gift was a motivation factor for your work. If your case is denied, you should definitely seek assistance from an experienced attorney.
This is not an attempt to provide specific legal advice, but rather informing you of the issues that you might raise with an attorney. By this response we have established no attorney client relationship.
Although it may seem that this is not work-related, it can be argued that it is indeed work-related due to the fact that you were picking something up that was won at a mandatory meeting. I'm assuming that the meeting was mandatory, of course, or that it was somehow expected that you would be there. This is definitely something that I would recommend you have an attorney for because an attorney can look up all of the applicable case law and make as strong of an argument as possible to a judge that the injury is work-related. If successful, your treatment will be covered and benefits would be owed to you. It costs you nothing upfront to have an attorney (typically, 15% is taken off of the back-end of an award or settlement), and consultations tend to be free with every attorney.
Re-read and implement the excellent advice from the two lawyers above. Given the denial of your claim, you need to obtain the services of an attorney to push the claim toward trial. Under the "benefit to the employer" test, your injury claim might win at trial, but it is not a slam dunk as the facts and circumstances of the meeting, and the injury needs development.
No lawyer can guarantee a result, but I think you will win your claim at trial if you obtain the services of an experienced lawyer who might write a trial brief to explain why attendance at the meeting was mandatory, and the employer benefited from handing out prizes to its workers.
Should you do nothing, the claim will remain denied. As such, obtaining the services of an attorney is imperative. Fees are limited to 15% of the settlement or award.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline