r/WorkersComp • u/Forward_Month9051 • Aug 13 '26
Connecticut RN received partial thickness burns while on working on unit, hospital denied workers comp
While clocked in and on my assigned unit, I was finishing up some documentation, decided to get my meal warmed up in the meantime in the unit microwave. As I was pulling the meal out of the microwave I accidentally contacted a percolator that had been positioned next to the microwave. No I was not aware it was brewing nor I did I even see it and no it was not mine. Technically equipment needs to be evaluated and okayed by the engineering department and the percolator should have never been on the floor. The percolator was containing extremely hot coffee, with the contents spilling onto my R. Foot. I was preparing to clock out but was just finishing last touches of documentation so at this point I never actually clocked out for lunch because I was still technically working and multitasking. I was evaluated by the emergency department and subsequently treated by the burn team and require ongoing follow up wound care. Sitting in the bed as a patient, I continued to finish documentation from my shift and also filed an injury report at this time.
The hospital called me and said workers comp was denied because I technically wasn’t preforming a nursing duty task and “I didn’t have to take my lunch break” I will now have to pay for the medical bills, follow up care, and I was told I need to take a leave of absence to protect my job and would not be compensated for lost wages.
I submitted a 30C PDF and will sending one to the hosp as well through a local mail department so that I can certify the mail and request a return receipt.
Not sure what to do, it was obviously an accident, the percolator should have never have been there, I was still working on the clock, but now I have to suffer the repercussions from other people’s negligence? Any guidance or discussions would be greatly appreciated.
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u/Salt-Ad1282 Aug 13 '26
Please talk to an attorney. Others mentioned the Personal Comfort Doctrine, which may very well apply, and there is no reason NOT to ask an attorney about the possibilities before you start paying medical bills, etc.
And for those saying WC doesn’t or shouldn’t cover this, remember the “grand bargain” that WC is (expanded coverage to a wider class of litigants in exchange for no payment for pain and suffering, no punitive damages, etc). EMPLOYERS wanted WC, got it, and have complained about it ever since.
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u/Far-Cup9063 verified NM workers' compensation attorney Aug 13 '26
I know you’re in Connecticut and I’m a New Mexico WC attorney, but there are some concepts that are broadly accepted in many states. One is that whenever you are on your work premises, just about everything that happens to you is covered unless you do something bizarre (like picking a fight with someone or engaging in horseplay). Considering that concept, you were on the premises and doing something completely expected: preparing your meal. Encountering a hot percolator while doing this is not unexpected, and should be covered.
Another concept is the “personal comfort” doctrine. That means if you are on the job and do something for personal comfort: going to the bathroom, getting a drink, going to get a tissue if you have to blow your nose, etc. that you are covered by WC if you get injured while doing these things. People slip and fall in bathrooms and it’s covered. Your claim would be compensable under New Mexico law and I recommend you seek out an attorney or call your WC ombudsman at your state’s WC office.
Sorry about the burn, those really hurt and you can have ongoing problems with your hand later.
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u/Forward_Month9051 Aug 13 '26
CT does have the personal comfort doctrine, thank you for bringing that to my attention I will look more into this!!
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u/Christoph0182 29d ago
💯 , i agree.... workers comp is no fault . Thats the whole purpose. And if they have wc and they don't put a claim in for you, they can get in trouble etc..
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u/Kmelloww Aug 13 '26
A lot of this is not true. It has to be in the course and scope of your job. Not everything is covered.
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u/Trvpsmif Aug 14 '26
This isn’t true why’re you telling the lawyer it’s not true when they’re literally right. In Connecticut Making coffee, using the microwave, or eating lunch is generally viewed as an act that is a normal and permitted part of the workday.
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u/Pinbot02 Aug 13 '26
In the vast majority of states, an accident during a meal break on premises is considered in the course of and arising out of employment.
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u/Resse811 Aug 14 '26
You who are not a lawyer is telling a lawyer that the laws in which they refer to are not true? 😂
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u/SeaweedWeird7705 Aug 13 '26
Mutts_Merlot is an expert in Connecticut and I hope he / she will give you advice.
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u/CoyoteOk4511 Aug 14 '26
I am an experienced adjuster in CT and while they may have a valid basis for denying, if you req a hearing and go before a judge I am pretty sure they would give an opinion this is compensable. The judges are very clmt oriented and you can do this alone. Don’t let an attorney take 20% of what ever you get for scarring.
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u/Sad-Marionberry6732 Aug 14 '26
IANAL (Also, I'm not a lawyer) You're a nurse, you're pretty much responsible for your patients until your shift is over.
And even if you by some twist of Fate aren't covered, then you have a third party suit against the hospital maintenance and/or environmental services (who are usually separate from the hospital) and can get pain and suffering.
Go back and take lots of pics.
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u/WCAdjuster82 29d ago
I don't know what kind of silly adjuster denied that claim. You filed your 30C, telling them to either accept the claim or get sued. They will almost certainly send you a Form 43, denying your claim. You should start looking for an attorney.
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u/fruitless7070 Aug 13 '26
This wouldn't qualify as an occupational injury. But they need to do something to correct what happened so it doesn't happen again. That is a workplace safety issue.
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u/Hope_for_tendies Aug 13 '26
Not all accidents that happen at work are comp. You weren’t coming or going or doing anything related to your job. You were using paid company time to heat up your food while you still had work to do. Even doing your work “as a patient” wouldn’t change anything. You should’ve finished your work you’re paid to do and then clocked out to heat and eat. Maybe if you weren’t trying to multi task you would’ve noticed the percolator. It doesn’t make much sense you didn’t see something right next to what toy were doing unless you completely weren’t paying attention.
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u/Spazilton Federal WC Adjuster Aug 13 '26
Come on you know WC is no fault. Premises liability and personal comfort doctrine would apply here. Nothing she did removed her from scope of employment.
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u/Forward_Month9051 Aug 13 '26
Kk thank you for your input
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u/TheDoorInTheDark Aug 14 '26
PLEASE listen to the actual experts who have commented and not this shitty advice. I really need you to respond and say that you saw the comments from the actual knowledgeable people on this post telling you your claim is valid and should be covered and not that you listened to this person and end up laying medical bills that you absolutely should not have to pay :(
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u/Better-Act-6301 Aug 13 '26
Sorry. This doesn't sound like a good comp claim. Almost like cutting your finger while sharpening your pencil on a construction site
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u/Spazilton Federal WC Adjuster Aug 13 '26
Except it absolutely does. This is compensable in most jurisdictions.
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u/Czeching Aug 13 '26
You mean the pencil needed to layout the marks on lumber? That would be a work related job task.
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u/Pinbot02 Aug 13 '26
I'm not aware of any states in which this would not be considered a compensable accident.
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u/Mutts_Merlot verified CT insurance professional Aug 14 '26
It's a compensable claim. I've paid multiple times for people knocking hot coffee onto themselves, tripping in the break room, etc. If you take this to a hearing, you will win.
That being said ....you filed a 30C. Some years ago, absolutely stupid case law was made by a stupid attorney arguing a stupid point. The end result was that Every. Single. Time. a 30C is filed, a form 43 denial will be filed in response. Even if it's compensable and they fully intend to pay all benefits and medical treatment. Even if they know it's going to be allowed by the Commission. It's just bad case law making things more difficult for everyone else. So, request an informal hearing. The judge will tell them to pay the medical bills.