KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on tech bitten by dog / employee injury inquiry

June 3, 2024
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Comment on tech bitten by dog from article on May 13, 2024
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Ken
          The alarm company should not have paid any of the medical bills directly but rather had the clinic hospital or doctors submit to workers comp policy. It would then be up to his carrier if they wanted to seek reimbursement from the homeowner’s carrier
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Scott Diamond
Technology Project Manager
Encore Electric LLC
450 Shrewsbury Plaza #201
Shrewsbury NJ 07702
Direct Tel (732) 414-3646
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Response
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          Not all health care providers accept Workers Comp cases.  If you use a health care provider who does then they should accept the Workers Comp insurance.
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Worker injured
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Ken,
          I had an employee get injured while on a job. He dislocated his shoulder. Workman’s comp only covered his emergency room visit and not his follow up appointments due to “it was not a work-related injury.” He missed about a week of work.
          Am I legally responsible for covering his pay while he was out? He has not been with the company long enough to accumulate sick time or other paid time off.
          I was about to let him go due to too many injuries but not sure if I can now.
 Justin B
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Response
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          Quick response, employee injured on the job who can’t work does not have to get paid unless employee has accrued sick time pay per his agreement or company policy.  Way more complicated response than you would expect or hope for because Employment Law is complicated as all hell.  It seems to me that K&K’s Employment Department would want to know,
Where
When
Who
And how
Also, where’s the Employment Agreement and company Handbook
          Do yourself a favor and join the K&K Concierge Program and take advantage of all the benefits, but, in your immediate need, the free consult with an Employment Lawyer.  You get an initial consult for half hour and then quarter-hour free consult each month.  This is alone is worth more than the cost of the Concierge Program [$145 a month or $1595 per year].
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com