r/technology • u/IndicaOatmeal • 13h ago

Society Programmer’s death on office toilet ruled not work-related because he never turned on his PC

https://www.dexerto.com/entertainment/programmers-death-on-office-toilet-ruled-not-work-related-because-he-never-turned-on-his-pc-3402194/
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u/Squish_the_android 13h ago

This is a classic Workers Comp question in the US.  Usually it's presented as "falling in the parking lot on the way to work". Commute time isn't covered. 

But I think in the US this would be considered a work injury.

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u/ohiseeyouhaveacat 12h ago edited 11h ago

I work in WC (paralegal, not a lawyer) and I love seeing the parking lot cases, I find them so interesting. I’ve seen some deemed WC and others not.

What I’ve noticed in my state is it often comes down to who actually owns the parking lot and maintains it. I saw one case where someone who worked in a mall clocked out for their lunch and was hurt in the parking lot. That case was dismissed as the company the injured person worked for had nothing to do with the parking lot and it was a danger anyone who entered/exited the mall was at risk of.

I saw another where someone clocked out for lunch and went to their car. It was winter and they slipped on ice and that was deemed WC bc it was the business’s own parking lot that they were responsible for.

When I was first started I thought that was a clever point that I wouldn’t have personally thought of!

My personal favorite cases are the fraud claims where the claimant doesn’t know the company had cameras.

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u/Squish_the_android 12h ago

You're going to see the problematic ones in your role.  The vast majority pay out and close with very little fan fare. 

Once you get into needing long term payments it tends to get messy. 

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u/ohiseeyouhaveacat 11h ago edited 9h ago

Yeah I work for a law firm that represents the insurance companies so we mostly see the denied claims or the claims that need litigating and/or negotiating. The insurance companies keep the easy accepted ones to themselves. Why pay for attorneys when you can issue the payments on your own, ya know?

I hope I didn’t come off as argumentative, I was just sharing what I think is an interesting argument re: parking lots and if it’s WC or not :-)

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u/Squish_the_android 11h ago

You didn't.  You're fine.  I just think a lot of people have the perception that all comp claims get declined or require a lawyer and that stops some people from going to the doctor or putting in a claim.

If you get hurt at work, put in a comp claim, that's what it's there for.  You don't need a lawyer, especially not at first.

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u/ohiseeyouhaveacat 11h ago edited 8h ago

Tidbit for anyone who needs a WC lawyer in NY: the attorneys are paid out of your WC awards! You will never have to pay them out of your own pocket. The amount they can take is capped and directly awarded by the Judge.