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penny234

Injured at work

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I  work at a restaurant and while working I ate an olive from a chef prepared dish and broke my tooth on a pit. I had to have the tooth surgically removed do to the severity of the break and now require an implant as I can no longer chew on that side of my mouth. Does worker's comp cover such injuries?

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I  work at a restaurant and while working I ate an olive from a chef prepared dish and broke my tooth on a pit. I had to have the tooth surgically removed do to the severity of the break and now require an implant as I can no longer chew on that side of my mouth. Does worker's comp cover such injuries?

 

I don't think so. The injury must arise out of your employment duties. Eating an olive was unlikely to be one of your employment duties. And from any other liability standpoint, well, olives are well known to have pits so I can't imagine anybody else being liable in negligence.

 

That being said, it can't hurt to file a workers compensation claim with your employer and see how it goes.

 

You can use the following universal form:

 

http://www.adventistrisk.org/Portals/0/forms/claims/ACORD-InternationalWorkersComp-FirstReport-08132012.pdf

 

Fill it out, keep a copy, hand the original to your boss and tell him you were injured on the job and the law requires him to file the claim with his insurance company.

 

Chances are good that it'll be denied by the insurance company but you'll at least have made the attempt.

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I disagee.  The injury only need arise out of the employment, not result from the commission of a duty of employment.  Almost without question will the injury be covered.

 

"Arising out of" employment is only one of the required elements. The other is "in the course of" employment.

 

Here's a VA case where the VA Court of Appeals upheld the denial of a similar claim.

 

http://www.insurancejournal.com/news/east/2012/08/01/257948.htm

 

Granted, that's one example and one state. We don't know where the OP is or all of the details but whether his injury is covered or not is certainly not "almost without question."

 

Still a good idea to file the claim.

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Guest FindLaw_Amir

To learn more about this subject matter, you may be interested in visiting the Accidents and Injuries Center and reading Workers' Compensation as a good resource. If you need further clarification on your specific situation, you may consider signing up for a LegalStreet plan. With the plan, you have unlimited access to a local lawyer to ask your questions and the plan also offers discounted legal representation should you need it.

Disclosure: LegalStreet and FindLaw.com are owned by the same company.
 

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