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[Burnell]

I twisted my foot and broke it right after clocking out of work this past weekend. What complicates matters is I just gave notice and it was my third to last day of work. My family and friends think I should file for workers comp to cover lost wages and medical expenses. I don't want to bother. I live in Pennsylvania, do you think its worth it? Or just let my insurance take care of it, and move on! Any advice would be great!

[Parfait]

If for no other reason than if you file through your health insurance, they may ask the "nature of the injury," which could include where it happened. At which point they can come back and say, "Not us. File worker's comp."  Your employer pays a premuim for the worker's comp insurance and they know that they will have to use it.    The only thing I don't know about is if it will be covered because you had already clocked out.  My initial answer is yes, as we had someone at my work break her ankle in the icy parking lot.  She wasn't clocked in and was covered under worker's comp.   Truly, I would consult with an HR representative and/or lawyer.

[olivecooper]

It would be right if you file the works compensation and see what the company answers back. As far as i know there is a chance that they might cover your expenses as the injury happened at work place.

[lennie]

you gave notice, so you are not expected to be getting a salary.  there is nothing to comp you for.  you can use disability insurance to get paid for this time off, but as for comp - think it wont fly for this case.  i dont know how it works in regards to the new job - i think a case can be made for a comp for that job, if you had one already lined up. good luck mate.

[Raul]

I used to practice workers' compensation law in Michigan.  I know where you're coming from because I had occasional clients who felt that way. You say it was your third to last day of work, but you don't say why.  Do you have another job lined up and will this hamper your beginning the other job?  If you don't have a job lined up, is this going to hamper your job search?  If yes to either question, for what period of time is that going to be the case?  In other words, can your wage loss be calculated? In terms of the medical, is this going to require surgery?  Is an uneventful healing expected?  To what degree can an uneventful and rapid healing be predicted?  What are the chances of there being complications?  What are the chances of some further medical procedures being required down the road? What are the chances that there may be some permanent impairment resulting? I'm not familiar with Pennsylvania Worker's Compensation law, but you might want to consult an attorney working in the area.  What is the state law on injuries occurring after you  have clocked out?  You don't say whether or not you were still on the employer's premises, and that is very likely an important point. Workers' Compensation is supposed to be a no-fault system, but fault creeps in to a degree. Did you do anything for which the workers' compensation insurance carrier will take you to task? Summing up  this answer, what I am saying is that there are a lot of factors to weigh in determining whether or not it is worth it to file.  Certainly you should give notice of the injury just to protect your future rights.  You should at least give your current employer and insurance carrier the opportunity to pay your wage loss and medical benefits on a voluntary basis.  If they are going to dispute liability, you should probably at least consult with a good workers' compensation attorney in Pennsylvania before making a final decision as to whether you are ready  to fight for the benefits or not.