Legal Question in Workers Comp in Wisconsin
injured while
I was ''on call'' for a hospital where I work. I had been there working all morning from early am until afternoon. I went home after we finished a case and was still ''on call'' While at home I slipped and fell breaking my ankle. After surgery and 9 weeks of recovery I had not yet been released by the surgeon and was in fact still wearing a ''fracture boot''. The hospital called and told me they could not hold the position and refused to allow me to work at any other position I would be capable of doing. I was without a job, without health insurance and so had to stop therapy because of the cost. I am also diabetic and so could not afford medications. I was on unenployment then for as long as that was available and paid for what medications I could not do without.
There were many hardships until the same hospital hired me nearly one year later for another position.
Since I was on call would that be considered workman's comp. or any type of lawsuit? Also, the hospital in question is in Wisconsin and I live just across the border in Illinois.
1 Answer from Attorneys
Re: injured while
Injuries that are covered by worker's compensation are those that are incurred while on the job and arise from a job's function. That is for example, a construction worker falling down a scaffolding while working. A construction worker burning himself while smoking on a break may not be covered since smoking is not part of a construction worker's job description.
From what you have written, chances are that the injury you suffered will not be considered a "job related" injury and this will not be covered by the WC.
Having said that, you should consult with an attorney in your area and give all the details so that a better and more thorough assessment of your case can take place.
I hope this helps,
Taradji
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
