Workers Comp after telling ER that it wasn't?

[Psyfire]

I had an injury that, from what I understand due to why it happened, isn't Workers Comp as it only occurred at the work place but off the clock. I already told the ER people that it wasn't WC as they asked me about that. What happens if I find out it is eligible or was supposed to be filed as WC?

 

[FlowTeamChick]

I had an injury that, from what I understand due to why it happened, isn't Workers Comp as it only occurred at the work place but off the clock. I already told the ER people that it wasn't WC as they asked me about that. What happens if I find out it is eligible or was supposed to be filed as WC?

Check your state's WC law (accessible online) but I'm pretty sure you'd still be covered. I broke my foot while going up the stairs out of the break room at my work place (before Target) as I was coming off my lunch break, so off the clock, and it was still covered by WC. I did have to pay out of pocket, but it was all reimbursed after the claim was filed and processed.
They probably should have asked more questions at the ER to make sure you understood and answered correctly. I at first assumed my situation wouldn't be covered by WC because I was off the clock when the injury occurred. But both the ER staff and my employer told me that because it happened while I was at work, it was covered. (If you were injured while you were a guest and shopping, that'd be a different thing. I assume you were in your TM role at the time.)
I'm aware of at least one former TM who was injured while walking from the parking lot into the store to report for work, not to shop, and that was covered as well even though she wasn't yet on the clock.
On the other hand, I had an accident while going home after work. Even though the travel was because I'd been at work, it was clearly while I wasn't at the work site and that was not covered.

 

[lucidtm]

For Target WC you need to file your report ASAP and get with your HR (ETL, preferably) to get the ball rolling. I'm not sure if it will be covered since you were off the clock. The above post stated they had a former TM parking lot injury covered while walking into work whereas at my store we had a pre-work parking lot incident and she could not get it covered by WC.

OP - what state are you in?

 

[IWishIKnew]

I'm pretty sure the ER doesn't care, but your insurance would. Normally those questions show up on forms so your insurance company can decline to pay a claim or go after someone else to pay for it. If it does turn out to be a work comp injury the insurance folks can sort things out later, though it may involve some extra paperwork.

In fact, your insurance company may send you that paperwork to have you verify that you REALLY MEAN IT when you indicated they can't go after anyone else for it. I had something similar happen when I was walking down some stairs at the zoo and just missed a step and turned my ankle. Totally my fault--I was holding onto the damn handrail and everything (had my then-18mo son in my arms), and the zoo wasn't negligent in any way, but boy did my insurance company want it to be the zoo's fault.

If you were off the clock but were at your store for your shift or to talk to HR or something work related, the injury should be classified as WC, but if you were just shopping it wouldn't be, I don't think.