If you’ve been injured at work, and have a viable workers’ comp claim, what kind of payments could you receive?
Let’s return to “Business School,” the episode of The Office where Dwight traps Meredith inside a garbage bag with a bat.
In the episode, after finding some droppings, Dwight opens a ceiling tile and discovers a bat trapped in a vent. The bat flies out into the office space causing much shouting and scurrying of the workers. They manage to trap the bat in the break room. Dwight, unwilling to wait for animal control, puts on a helmet, kicks open the break room door, and startles the bat who starts flying around, landing on Meredith’s head.
Dwight: Magic time. Gyeeeaahhh! [puts bag over Meredith’s head, trapping her and the bat inside]
Meredith: Ahh! Ahh! Ahh! Get off! Get off me! Get off me!
Dwight: Hold still, woman!
Meredith: Get off me! Get it off! Ahhhh!
Dwight: You’re welcome.
In a previous post, we discussed if Meredith might have a premises liability claim for this incident, due to the negligence of the landlord or property management company in not maintaining a safe environment.
But let’s say that Meredith was injured in this incident, and has a valid workers’ compensation claim. In that case, what kind of payments could she receive?
The types of payments employees can receive under a workers’ comp claim include the following:
- Payments for lost wages
- Medical care
- Specific loss benefits
- Death benefits
Let’s take a look at each category.
Payments for Lost Wages – An employee is eligible for wage-loss benefits if they are totally disabled and unable to work, or partially disabled and earning less as a result.
In our example, if Meredith was injured by the bat incident and had to miss work, she could have a claim for lost wages.
Medical Care – If a work-related injury or illness is covered by the Workers’ Compensation Act, the employee is entitled to the payment of related reasonable surgical and medical services, even if they have not lost time from work.
Even if Meredith didn’t lose any time from work, she would surely be entitled to the payment of any medical expenses caused by this incident – if she was bit by the bat and needed treatment, or if she was injured in another way from flailing around in the garbage bag.
Specific Loss Benefits – If an employee loses the permanent use of all or part of a thumb, finger, hand, arm, leg, foot, toe, sight, hearing or has a serious and permanent disfigurement on their head, face or neck, they may be entitled to a specific loss award.
As far as we know, Meredith didn’t suffer a permanent loss or disfigurement such as this.
Death Benefits – If the injury results in death, surviving dependents may be entitled to benefits.
Fortunately, Meredith survived the incident. Although this is a funny incident when it’s fictional, if a human contracts rabies, once clinical symptoms appear, it is nearly 100% fatal. If Meredith had contracted rabies from a bat bite, did not get treated in time, and died as a result, her surviving dependents may be entitled to workers’ compensation benefits.
On the job bat-related injuries may not be common, but workplace injuries and deaths are far too common. In 2019, private industry employers reported 2.8 million nonfatal workplace injuries and illnesses, and 5,333 workers died on the job.
Workplace injuries can be caused by any number of things, including:
Injuries can occur in any type of working environment. Some of the most common work injuries happen in warehouses, healthcare facilities, and/or employees who travel for work, such as sales representatives, nurses or therapists.
- Slip and falls
- Car accidents
- Overexertion
- Repetitive-motion injuries
- Workplace violence
If you have been injured at work, contact Aversa & Linn. Our experienced attorneys know what questions to ask to evaluate your particular claim.
We can help you obtain the compensation you deserve.
