Torn meniscus = fatality?

Hunter1

We had a firefighter who tore the meniscus in his knee while using a treadmill at the workplace. Everything was in place for him to have surgery, come back on light duty shortly and work his way back to full duty. No complicating factors.

A day before the surgery, he attended a class at the fire station, left for lunch, and never returned. He had committed suicide at home.

A claim has now been made for death benefits under our work comp policy because he is alleged to have been depressed over the surgery and his ability to return to firefighting.

I need advice. Anyone know of any case law like this? Do I report this as a death in the workplace at this late date? (It happened in January) Any other advice, other than to just let our WC carrier handle it?

System

Hunter1,

Even though you don't say so, I know it must have been (be) hard. I'd contact your wc carrier and explain. They may want to file a first report with the state, even though the claim may be denied. The reason; once the first report is filed, the clock starts ticking for time limitations - not from the date of injury. Mental and emotional distress is extremely rarely awarded under workers comp.

Please let us know how you procede.

Don D

No, you would not report it as a death in the workplace. It was not a death in the workplace. Why did you not already have comp paperwork filed if the medial miniscus tear occured at work? January? Once you (wrongfully) report it as a death in the workplace, you're invited inquiries and visits and reports to/from OSHA. This is certainly one to immediately turn over to a competent attorney. Don't think for a minute that the family does not have one.

I can't imagine that a reasonable group of 12 would conclude that suicide (allegedly) resulted from depression caused by impending knee surgery. What a connect-the-dots exercise. And in most states, don't know yours, for comp injuries, WC is the only recourse/remedy available to the Ee so the limits of comp would be the limit of your exposure. But, hey, we're not attorneys and you need one. Surely your city attorney needs to be worrying about this one.

If what you suggest could be true, then every suicide of an employed worker in America would be workers' compensation. They're all depressed about something.........perhaps it's work.

System

Don, I still think Hunter should contact the WC carrier since "A claim has now been made for death benefits under our work comp policy." They need to know.

Of course I don't believe it's reportable as a workplace death. The paperwork would have been filled out in January on the initial injury. I wouldn't make out another report - just put the WC folks on notice that the family is stretching it to it's most bizzar limit.

I say let 'em sue the doctor for negligence (no, I'm not serious!)

Hunter1

Yup, the family has an attorney. Yes, the first report of injury was done to the carrier back when the injury happened, that's how the initial injury was accepted as work related. Yes, our City Attorney is aware of the case. The claim is actually coming through the wc carrier. They notified us.

The family also already has a report from a psychologist whose opinion is that the suicide is directly related to, and only to, the knee injury. Other than that, his life was just rosy. No prior depression, no family history....you get the picture.

In WI, stress related claims are almost impossible for the employee to win also, but this is kind of a different case, where the claim is that the injury was the direct cause of the suicide. That's why I asked about any case law. I'm sure we aren't the first ones with a similar claim.

This has been a very difficult situation: 24 year employee that everyone liked, very good employee. He was in my office within a couple of days before the incident. Literally moments before he goes through with this, he's in a class with a group of his coworkers and they don't notice anything out of the ordinary, then they have to respond to the call. We provided counseling, the whole works.....

Beave

I remember reading about a similar case not to long ago in Michigan that had a law enforcement employee in a training class for the day. He went home for the lunch break & failed to return. Later, they found him home - hung himself. He appeared to be fine & in good spirits in class. The surviving family members claimed it was work related. A little different from yours but close enough that there might be something you may be able to use. I'll attempt to find it for you.

Hunter1

Thanks. I'd appreciate that.

System

After three knee surgeries, I can tell you how hard it is to deal with an injury like that. Suddenly you can't do all the things you used to, like sports, and you might not be able to do them ever again.

I agree with everyone who said to let your WC carrier and attorney handle it. Each state has its own rules on mental injuries. But generally I think a mental injury that's connected to a physical injury on the job is more likely to be covered by workers' comp than a mental injury by itself.

Good luck.

James Sokolowski
HRhero.com