02.07.2022 - 15:58

On a day off from work, an employee visited the store at which she was employed to sign a sympathy card for a coworker. While talking with coworkers at the back of the store, a shelf gave way and began to fall over. The employee grabbed the shelf to stop

Question:

On a day off from work, an employee visited the store at which she was employed to sign a sympathy card for a coworker. While talking with coworkers at the back of the store, a shelf gave way and began to fall over. The employee grabbed the shelf to stop it from falling. In the process of helping to hold up the shelf, the employee severely injured her back. It was determined later that the shelf fell over because it had been improperly braced when it was put up by the employer. The employee sued for negligence, while the employer maintained that Worker’s Compensation was her exclusive remedy. 1. What should the court decide? 2. Why?

Answers (1)
  • Bette
    April 10, 2023 в 14:57
    1. The court should decide that the employee is entitled to sue her employer for negligence. 2. While Worker's Compensation is typically the exclusive remedy for employees who are injured while on the job, this case is different because the employee was not technically working at the time of her injury. She was visiting the store on a day off and only happened to be there to sign a sympathy card. Therefore, the employer's argument that Worker's Compensation is the exclusive remedy does not apply in this situation. Additionally, the employer was negligent in improperly bracing the shelf, which directly led to the employee's injury. As such, the employee should be allowed to sue the employer for negligence.
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