I recently ran across an article on a Pennsylvania workers comp attorney’s blog about a factory worker who injured himself on the job, but managed to lose his workers compensation claim because of how he reported his injury.
In this case a factory worker finished his shift and decided to drive a forklift to the area where he would clock out for the day. In doing so, he crushed his foot against a pole. The problem: he was not certified to drive a forklift, nor was he permitted to drive one.
Worse, during his hearing, he testified that he knew he was not allowed to drive the forklift but did so because it was “fun to drive.”
The Pennsylvania workers compensation judge denied this workers claim and the denial was upheld by the Appeal Board and by a subsequent appellate court.
Obviously, we don’t have all the facts here but my guess is that the worker’s testimony that he drove a forklift because it was fun to drive sealed his fate. Employees frequently get hurt performing actions for which they are not authorized but often their claims are accepted if those actions were intended to benefit the employer, but not if these actions are horseplay. Sometimes there can be a fine line between the two.
Was this employee a nut job who was a danger to himself and others? Or perhaps he was a sincere, long time employee who panicked when questioned about what he was doing. We don’t know and a workers comp. judge probably will not take the time to find out.
Here, the injured employee clearly damaged his case by his choice of words. It is unclear whether the “fun to drive” comment was made as part of a first report of injury or during hearing testimony but the lesson we can learn from this case is that an injured employee should speak to counsel before making any statements to his employer or to an insurance company. Further, hearing testimony should be practiced prior to actual testimony.
Every word you utter to the employer/insurer will be scrutinized and can and will be used against you. When you are asked to give a report of injury, you are likely to be nervous and in unfamiliar territory. It is far better to let your lawyer speak for you and advise you how to word your responses.
If you have been injured on the job and are facing the prospect of a recorded statement, please don’t face the insurance company alone. Call me at 770-351-0801 and I’ll be happy to discuss your case with you.
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