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Could an asthma attack be considered WC?
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Could an asthma attack be considered WC?
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We are in the midst of a crisis. A worker is currently experiencing an asthma attack. Her supervisor called and said she left her inhaler at home. No one is there to bring it. He wants to seek medical
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Forums » Topic Forums » Legal Forum » Could an asthma attack be considered WC?
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Could an asthma attack be considered WC?
posted at 6/21/1999 7:42 PM EDT
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Posts: 11
First: 6/21/1999 Last: 5/11/2000 |
We are in the midst of a crisis. A worker is currently experiencing an asthma attack. Her supervisor called and said she left her inhaler at home. No one is there to bring it. He wants to seek medical treatment for her but she is refusing unless it's a work comp claim. It sounds like a chronic health condition to me--not work comp. But she needs treatment. Help! |
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Could an asthma attack be considered WC?
posted at 6/21/1999 8:38 PM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
Because it occurred at the workplace doesn't make it "comp". Your situation is no different from the insulin-dependent diabetic who doesn't eat or take insulin that day and has an attack, or the employee with a seizure-disorder who has an episode at work. Unless there's an additional injury on top of the underlying condition, I can't see where this could be considered comp, since the underlying condition isn't attributable to the employer and the episode was a result of the employee's non-compliance with her medical regimen.
Unless you have a CBA that prevents it, I'd give her the rest of the day off. You offered the medical attention, she refused. If you allow her to continue, just how productive/effective is this employee going to be, and you're endangering her further by providing the avenue for continuing the non-compliance. In my case, I'd send her home, just as I'd send anyone who became ill at work. Additionally, every state has it's own comp rules, but may not truly be up to the employer unless self-insured whether to accept or reject a claim - I'm not so sure you could guarantee that the situation was or wasn't comp anyways. Submit the claim without prejudice and let the carrier deny compensability. It's also going to be argueable whether the situation is OSHA reportable as an illness for the purposes of your 200 log. |
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Could an asthma attack be considered WC?
posted at 6/22/1999 5:11 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
Well, I do tend to agree with Jim that the claim is probably not a compensable workers compensation injury just because it happened at work, although it could be. For example, if the employer is a chemical company and some chemical triggered a dormant breathing condition (even if pre-existing), then the employee's "injury" could be covered. It all depends on the facts, and we do not have enough of them to really tell. In any event, if the employee wants a claim filed, then file the claim. You are not saying that its going to be covered, your are just filing the forms.
Forgive me for presuming something, but does this employee have any sick time coming? It sounds as if s/he does not and that is why s/he did not want to go home. S/he probably cannot afford to loose the money. Even if the employee has sick time coming, asthma might be a disability under the ADA (at least until yesterday, when the United States Supreme Court ruled 7-2 that a correctable disability was not a disability). So before I sent someone home without pay against the person's wishes, I would make sure there was a real impact on the employee's ability to do the job. |
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