Fall at work

[hotpink]

Yesterday I had a very bad fall at work.

I was stepping out of the lift downstairs in the foyer onto a marble floor and my foot just gave way under me. It was like they had polished the floor and it was extremely slippery.

Well, I went flying to my right side, slammed my head against the door to the lift and crashed down like a rag doll - thankfully not on my stomach as I'm 6 months pregnant.

There was very nice lady in the lift who saw this all happen and helped me over to one of the seats in the foyer and insisted on going up to get someone from my work to come down.

My work were "mildly" sympathetic; however given that I'm quite pregnant and my fall was very bad I was shocked they didn't send me home or act a little more caring (not that I expect to be molly coddled) . . . . I just felt very cold and clammy and weird for much of the day. . .

I filled out all the necessary injury report stuff, went to the doctors near work who gave me a certificate.

Last night I went to my obstetrician who was concerned about the baby - however everything seems to be ok thank God.

Today I didn't go into work as I woke up feeling totally jared and sore and my head where it was hit is still very sore and bruised.

I went to my own GP who asked me if I wanted to claim it as a "Work Cover" thing. I've never claimed workers comp in my life however I felt that this being serious, I should - especially the fact tha it was pure negligence of the building management to have such slippery floors and that had I landed on my stomach, my baby might not have survived!

My boyfriend said that I shouldn't have put it into workers comp/work cover as if I ever go for another job again they wont want to employ me because they don't want trouble makers who claim workers comp working for them. Is this true?

The only reason I've gone through these channels is because I feel it is so serious. . .Imagine if an elder person fell in that foyer and broke their hip? or a young child??

I feel sore and achey and the doctors gave me till the end of the week off, which I'm not sure I should take. Why do I feel bad for having time off work for this??

Has anyone had experiences like this ?

[Kattus]

First of all Im glad you and the bub are ok!!

Now, in regards to people not hiring you... ive never heard of that before and I haven't really known any employers to actually call through and check if you have claimed workers comp when hiring.

Take the rest of the week off, you will need it. And besides the doctor would not have given you that certificate if he did not think you needed the time to rest IYKWIM... Don't feel bad about taking the time off, afterall if it wasnt for the slippery floors, this would have never happened in the first place!

Put your feet up, have a break and just see how it all pans out. After all, them having super polished marble floors is an OH&S hazard!

HTH! (sorry its long!)

[justmum]

There is no way for any future employers to tell if you have made a claim (unless it goes to court and is public record or because of industry gossip).

However if you do apply for a job often you have to fill out a questionnaire and one of the questions is "have you ever made a claim for workers' compensation?"

You are obliged to answer this and if you have made a claim but say you haven't, and your new employer later finds out about it, they may in certain circumstances be able to sack you for lying on the application.

However they cannot sack you or refuse to employ you just because you have made a claim in the past. It is unlawful to do so.

[sloaney]

However if you do apply for a job often you have to fill out a questionnaire and one of the questions is "have you ever made a claim for workers' compensation?"

You are obliged to answer this and if you have made a claim but say you haven't, and your new employer later finds out about it, they may in certain circumstances be able to sack you for lying on the application.

I think this is the sticking point regarding your boyfriend's concerns - you really do have to honestly declare your worker's comp. history, as from what I have experienced in my working life it would be a valid example of blatant misrepresentation (and thus a legitimate reason for being fired) if you fudged the truth and said you had never claimed.

I would definitely take the week off, your body and your baby is 10,000 times more important than impressing your employers. I remember when I was pregnant with my first my boss would get me to lift very heavy folders and boxes (deliberately, she was such a cow) and I was too timid not to - looking back, they didn't care about me past the work role I filled so why should I put my own health and safety second to appearing to keep up at work?

You need to think hard when you decide whether to take it to Worker's Comp, that is a big decision though - heaps of medical appts., doctor's visits (that you pay for and then have to apply to get the out-of-pocket back through Workers' Comp, sometimes they don't award it - so not a cheap venture), people assuming that you are exaggerating to get money and implying this to your face etc.
Personally I would get two obstetricians to examine me and give their honest opinions as to whether I was injured enough for a claim to be held up as valid - because it's a damn headache to go through, I've seen my father go through it when he had his finger smashed off his hand thanks to poor safety on an oil rig. And they took his word for it that it was their fault from the start, and it was still a massive headache to undertake.

So good luck with whatever decision you choose to make, and in the coming months put your own health well before the needs of your employer - please!

[Roxy]

Personally - I'd lodge the claim. Even just to recoup your medical costs of the trip to your Dr's.

And you never know what damage you might have sustained in that fall that could come back to haunt you in the future.

The building owners should also have Public Liability Insurance as well (it's a legal obligation!), which should also cover you in the event that the Worker's Comp doesn't...so it might also be worth trying to find out who owns the building, telling them what happened and lodging a complaint with them about the dangerous condition of their floors.

[AliyahBlake]

I went to my own GP who asked me if I wanted to claim it as a "Work Cover" thing. I've never claimed workers comp in my life however I felt that this being serious, I should - especially the fact tha it was pure negligence of the building management to have such slippery floors and that had I landed on my stomach, my baby might not have survived!

My boyfriend said that I shouldn't have put it into workers comp/work cover as if I ever go for another job again they wont want to employ me because they don't want trouble makers who claim workers comp working for them. Is this true?

The only reason I've gone through these channels is because I feel it is so serious. . .Imagine if an elder person fell in that foyer and broke their hip? or a young child??

I feel sore and achey and the doctors gave me till the end of the week off, which I'm not sure I should take. Why do I feel bad for having time off work for this??

You poor thing, what an awful thing to happen! I'm glad the baby is ok.

I have to say that your boyfriend is wrong and your GP was right! You definitely should claim WorkCover - as there could be effects on you or the baby from the fall which come up days, weeks or months down the track and because this happened at work, WorkCover will pay for the medical bills if necessary.

It is illegal for employers to discriminate against you because of previous WorkCover claims, so don't let that stop you from claiming. That sort of discrimination may have happened 20 years ago but it isn't allowed now, so if a future employer does not employ you because of a WorkCover claim, then you can take action against them. I would follow your GPs advice and do it, but do it quickly as I don't think you have very long after the injury or incident to make the claim.

Definitely take off the time the doctors have advised - if you don't and end up trying to claim WorkCover, it will not be accepted.

Good luck and get plenty of rest!

[ealing]

Hi,

Glad that your baby is doing well after such a scare and sorry that you too are feeling sore from the fall also.

Lodge the work cover claim for if you have further issues with muscle/tissue damage later on in the future, at least you will have the paperwork stating that you were injured previously at work and you will be able to have some sort of financial reimbursement from work and work cover to maintain your income.

There used to be such a stigma about work cover and cheats which have been reported via the media; genuine work cover cases shouldn't be tainted by these nor by the genuine people that make the claim.

Personally, I have lodged a work cover claim when I was working in my first year out of Uni. My last week of my graduate year I hurt my back (I am a nurse so imagine the stigma there!) when I was changing a dressing on a patient - it was an awkward position but no real way around it. Anyhow, luckily my back had no permanent damage and am still nursing nearly 10 years on now. I have applied for a few positions with various hospitals and have worked overseas and have always been truthful about the workcover claims, none of which was "held" against me. I also lodged work cover paper work for a needle stick injury as well, which fortunately I was cleared on blood tests, but you just never know. When you apply for future jobs, there is a spot where they ask if you have been cleared by the Dr to come back and work. I ended by graduate year on work cover, and had to be cleared by a doctor in order to fly out of the country for a holiday a week after that otherwise I would have missed out on my hols.

Cover yourself, no matter what the "stigma" may be, if any, as you have to protect yourself with lodging the right paperwork now as well as in the future. If you need to, perhaps call workcover to ask them what they think of the situation.

Hope that this helps a little and good luck with what you decide to do and with the rest of the pregnancy.