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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]This is a workers’ comp matter. You need to report it to your insurance carrier. Depending on the jurisdiction, it’s pretty easy to make a claim. If you are in DC you can be subject to penalties if you don’t file a first report of injury and notice of controversion timely. Also, under workers’ comp, you are required to provide certain notices to your employee even if you don’t believe it happened. Thing about workers’ comp is that there is a presumption that what an employee says happened actually happened.

Call your carrier and report it now. You’re about to hit your first filing deadline. [/quote]

Thank you. We called our insurance company and we’re waiting to hear back from them. If she went to the hospital and said she was injured at work then I think the claim comes directly to us? I’m not sure as we’ve never had a situation like this before [/quote]

What happens next depends on your jurisdiction. Workers’ comp is mostly state law with a few exceptions they make it federal. In the DMV, each state and the district have very different procedures. The important thing is that you have insurance and you reported it. You should hear back shortly but honestly I’d call again in the morning - most carriers I know are closing at noon tomorrow and reopening Monday. If the first report is filed late, your carrier will blame you for not reporting it as soon as you knew and you’ll be stuck with the fine - which can be $1,000.

Your carrier will guide you and help you through any investigation they need you to do.

FWIW, here’s my take. Your daughter doesnt remember whether anything happened. A kick could cause a concussion. Medicals will provide you with objective information on the condition. Unless the medicals show nothing or you find another cause, it likely will be found to be covered under comp. You have insurance so you’re fine.

If this were my case, one thing I would wonder is what she will have to pay the ER. Given that she has no leave and she could be on the hook for a high medical bill if she doesn’t get comp weighs in her favor.  You don’t risk this unless there’s something wrong.  No one will care about her kid issues and stuff like that rarely sways any judge no matter how compelling you think it is.

The most important thing is getting her back to work as quickly and safely as possible. And be careful about anything that looks retaliatory. [/quote]

OP - thanks so much, are you an insurance professional or an attorney? What do you think if we just pay her for the week, wish her a good holiday, and say see Monday? I assume that workers comp will cover the ER bill? [/quote]

Yes to both. Don’t take advice from an internet stranger. Your carrier will walk you through this. It’s new to you, but really a normal part of business. Call again in the morning  and then relax. [/quote]

Thank you very much. We just got an email that they’ll call us tomorrow. Happy thanksgiving 🍁 [/quote]

You too. [/quote]

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