Suppose an employee shows up at work on her day off to see co-workers and gets injured when something falls on her. Could you be liable for damages? Or is workers’ compensation the employee’s only remedy? A new case provides some answers.
Falling Shelf Causes Back Injury
Paula Wright was in charge of the wearable arts department for Beverly Fabrics, a retail store selling fabric and craft supplies. One day, Wright went to the store when she wasn’t scheduled to work to sign a condolence card and contribute money for two co-workers who had lost family members. Employees often came into the store on their days off and were permitted to shop and assist customers, but weren’t paid for their time.
While Wright was in the back of the store chatting with co-workers, a shelf containing heavy clay pottery started to fall. Instinctively, Wright and the other employees grabbed the falling shelf. Wright immediately felt pain down her back. As Wright and other employees tried to stabilize the shelf, customers were kept out of the area and precluded from helping.
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Employee Wins Half A Million Dollars
Wright sued Beverly Fabrics for negligence, seeking damages for her back injury. Beverly Fabrics contended that Wright was only entitled to workers’ compensation benefits because she was injured while acting in the course of her employment. But a Stanislaus County jury sided with Wright and awarded her more than $512,000.
Court Reverses Award, Says Workers’ Comp Is Sole Remedy
Now a California Court of Appeal has reversed the verdict. The court explained that injuries sustained while an employee is performing job tasks outside of normal work hours are within the scope of employment because the employee’s acts help further the employer’s business. This is true even if the employee is also performing a personal activity at the same time, such as visiting co-workers.
In this case, at the time of the injury, Wright was helping fellow employees to hold up a collapsing shelf. According to the court, she was doing precisely what an employer would expect from a responsible employee in Wright’s position. Thus, the court concluded that Wright acted in the course of her employment when she was injured and workers’ comp was her only remedy.
Employee Not Engaged In Social Activities When Injured
The court rejected Wright’s contention that her injury stemmed from a voluntary, off-duty social activity, which is excluded from workers’ comp coverage. That’s because Wright wasn’t engaged in a social activity—signing the condolence card or visiting co-workers—at the time of the injury. Rather, she was hurt while holding up a shelf to protect Beverly Fabrics’ property.
Put Safety First
The employer in this case successfully argued that workers’ comp barred the employee’s lawsuit. But note that you can be sued for damages if someone—including an employee on your premises for a purely social visit—is injured by unsafe conditions on your property. Be sure to take necessary steps to ensure that your property is safe for employees and visitors alike.