I figured, why not start a debate today? (Topic: Worker's Comp)

[CEDmom]

What if that same person fell while going down that same set of stairs to deliver a report to someone on another floor? Then it would be covered w/o question. Does your company have a policy on smoking breaks? Some have it in writing that it is to be done on the employees own time.

A few years ago I fell outside my office on some uneven pavers. I dislocated my knee cap. My workmans comp was denied because I was on lunch break. The building management was really nasty to me and tried to deny there was anything wrong with the pavers even though you could stand on them and rock up and down. While my medical insurance covered my injury expenses I had a long painful rehab and since the injury most likely wouldn't have occured if the pavers were level I ended up suing the management company. It was really ironic that litterly the day after my case was settled the entire entrance to the building was dug up and redone.

 

[Maleficent13]

Originally posted by DawnCt1
But she was being paid for her break time. Actually, this affords the company better protection than if she sued under their property liability coverage. Additionally, they have more "control" over the situation, have access to the medical information generated by the claim, etc.

Actually, she was not being paid for her break time. The employees get two unpaid 15 minute breaks a day. I apologize if I indicated anywhere that this was a paid break.

 

[Towncrier]

Originally posted by CEDmom
It was really ironic that litterly the day after my case was settled the entire entrance to the building was dug up and redone.

Funny thing. My company has completely torn up the sidewalk where I fell and replaced it with one that does not have a depression where water can gather and form a sheet of black ice. And they are also installing heated sidewalks in another area of our parking lot as well. Now if I could just get the cleaning people to stop waxing the stairwells without putting up warning signs, my job here would be done.

 

[missyc]

This is an example of one of those things that is driving premiums so high that companies can't afford the coverage, even though it's the law. It's outragously expensive and hard to find for smaller businesses. And then if there is an accident (minor), the employer is pretty much forced into paying out of pocket and avoiding filing the claim.

 

[ahutton]

As someone else pointed out though, in the long run it is usually the employer who benefits. Laws in most state indicate that if you carry coverage then the employee can't make a liability claim against you - which is what would be settled in civil court. In the long run the cost of a liability case that is heard at trial is significantly larger than the cost of a Workers' Compensation claim, even if a PPD payment is made. The only exceptions in most states to the immunity is if there is a case of gross negligence, like a required piece of safety equipment was broken, the employer knew it, and did nothing to remedy the problem.

Sure, there is some part of me that believes if she is on break she is on her own. And that is one where the law worked in the employee's favor. In Towncrier's case it worked in his and his employer's favor, as the employer had a dangerous condition (ice) that had not been addressed and they would have been held liable had it not been for their immunity. There are up and down side to most legistative issues just like this.

 

[Laura]

Originally posted by sha_lyn
I have to agree with you. Unless it can be shown that a hazzard existed that caused her to trip, I feel that the employer is in no way responsible.

Those are my thoughts. Break or no break, it's just stairs. If the stairs were flawed or the handrail was loose or something like that, I'd think the employer was responsible. But hey, I don't make the rules!

 

[WebmasterAlex]

I think everyone who has been saying the employer is BETTER off is correct. If not for the workman's compensation laws they would be open to regular lawsuits. Instead of a relatively small workman's comp claim for her knee you might be facing a half a million dollar lawsuit for a drop of water on the stairs.

 

[DVC-Don]

On the clock or even just on the employers property = Workers comp.