Workers can do some pretty careless things in the workplace — but are employers on the hook to pay for their reckless injuries?
Read the facts of this real-life case and decide: Who won?
The facts:
An employee was walking in the break room when she fell near a vending machine. Though no one else was near her at the time, she claims there was paper on the floor, from overflowing garbage cans. She suffered a broken wrist, as well as back and hip pain. A week later the pain persisted and the employee filed for worker’s compensation.
The employer said:
The worker was habitually clumsy and wore shoes with high heels. It also denied there was trash on the floor at the time of the accident, and contested it should not have to provide compensation benefits for her carelessness.
Who won the case?
Answer: The employee
Why: The court ruled the employee was entitled to benefits, saying “an unexplained workplace fall arises out of the employment unless the employer presents substantial evidence to show otherwise.”
The employer can avoid responsibility by proving the worker suffered from a pre-existing physical condition that caused the injury, or that the employee’s actions were blatantly dangerous and inappropriate. Since the employer had no such evidence, the case was thrown out.
This case also shows the importance of keeping the workplace clean. Even if a messy break room wasn’t the cause of the accident, it still got the company in trouble in this case.
Cite: Vacuum Depositing v. Dever
