CaptainPioneer wrote:Jon,
He I believe he would still be eligible for WC if he has to get therapy. Sure he was not hurt on the job but if he has medical appointments in the future that will cut into his job he can apply for some sort of compensation... I'm pretty sure that's what my father did when he was rearended, although his scenario was a bit different since he had a pre-existing condition from an injury working on a job site, that was agitated by the accident.
Here is what it says on workerscompensation.com, notice the bolded section:
What is Workers' Compensation?
Workers' compensation laws provide money and medical benefits to an employee who has an injury as a result of an accident, injury or occupational disease on-the-job. Workers' compensation is designed to protect workers and their dependents against the hardships from injury or death arising out of the work environment. It is intended to benefit the employee and employer alike. The employee receives money (usually on a weekly or biweekly basis) and medical benefits in exchange for forfeiting the common law right to sue the employer. The employer benefits by receiving immunity from court actions against them by the employee in exchange for accepting liability that is limited and determined. The question of negligence or fault is usually not at issue.
So to answer the question, unless the injury occured on the job, there is no way he can make a WC claim.
Now send me some beer!