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SEEKONK, MASSACHUSETTS, United States

Tuesday, February 28, 2023

I WAS ASKED MY OPINION ON THE FOLLOWING. (QUORA.COM)



QUESTION: 3 years ago I was 17 and passed out at work. My manager at the time called me an ambulance and I was taken to the hospital. Today my mom got a letter saying the hospital is suing her for not paying the bill. Would my work at the time be responsible?

My Answer:

If you passed out at work, and were unable to communicate, your employer has a minimal reasonable duty to act. Calling an ambulance was not a courtesy, but a necessary act. If you regained consciousness and were able to communicate rationally, you could refuse transport. However, since this occurred at work, and you were engaging in employment activity at the time, a Workers Comp. report should have been written up immediately, BY LAW. This would have protected both the employer and you, if the cause may have been work-related. It would relate the circumstances, Testimony from You, Your Employer, and other witnesses. OSHA could come down hard on employers who fail to report medical incidents in the Work Place, especially those that required Professional Medical Response. Suppose your passing out was due to a problem with a piece of equipment malfunctioning, but was not apparent or understood at the time? (i.e. Chemical Leak), or a co-worker's failure to perform a work-related duty properly? These are things that you don’t want to be asking Days, Weeks, or Months after the incident.

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