There is nothing entertaining about personal injury and the impact it has on the lives of injured workers. In the United States alone there were more than.
We have chosen five workers compensation claims that were actually successful and where the injured received a settlement. Again, while there is nothing funny about a workplace injury the nature of some of the most bizarre workers compensation claims are interesting (as are the reasons why they were successfully presented). It is also a good reminder that workplace injuries can happen any time and under a variety of different circumstances.
1. The ‘Hip Check’ Vending Machine at Circuit City
Have you ever put your money into a vending machine only to have it jam up and not provide you with your item or your spare change? Apparently for one employee of Circuit City, this was a common occurrence with the same vending machine in his workplace. Clinton Dwyer (the employee) provided evidence of his claim in the
Illinois Workers’ Compensation Commission vs. Circuit City Stores Inc.
The Nature of the Injury
Dwyer (an 18 year old employee) was working in the installation bay at Circuit City and his job involved the installation of car stereo systems. The hallway of the workplace had a small vending machine that employees were permitted to use, however Management was aware that the older model vending machine had technical problems both in providing product and change. It was common for employees to ‘shake’ the machine to dislodge the food products purchased and the store was aware of the problems, as there was an established paper form to fill out if the employee needed to claim change in return due to malfunctioning of the machine.
On March 6, 2005 Dwyer used his hip and his shoulder to ‘bump’ the machine to dislodge his purchased food product. He did not take a running start at the machine, but a simple step backward before falling to the ground in immediate pain. He was rushed to the hospital by ambulance and his injury was documented.
How the Case Was Won
A director and representative for the specific Circuit City Store, Jennifer Ritter acknowledged that Management was aware there was a malfunction with the vending machine that impacted both employees as well as customers to the store. Circuit City had established a refund policy in writing for the vending machine; however they had not established any warning or policy regarding unsafe use of the machine (including shaking, rocking or moving the machine to avoid injury).
The court ruled that the store was negligent in allowing a malfunctioning machine to persist without training, warning or establishing safety protocols and a settlement for medical expenses was awarded.
2. Tripping Over the Dog Lands J.C. Penney in Court
What is interesting about this story is that it can literally happen anywhere as more and more employees are resituating themselves in part time or full time home telecommuting roles. When you are a salaried employee working from home and an injury occurs, the court views it as a workplace injury under specific circumstances.
The Nature of the Injury
That was the case in Oregon for Mary Sandberg versus J.C. Penney Co. Inc., was she sustained an injury in an area of her home where she was conducting necessary job related activities. Sandberg was required to work from home and had stored fabric samples necessary for her work that day in the garage of her private home. On her way into the garage she tripped on her own dog and became injured.
How the Case Was Won
Defense argued that injuries that occur while an employee is commuting are not compensable under the
Workers Compensation law however the Oregon Judicial system had the following opinion regarding ‘work from home’ employees and liability for employers.
“If an employer, for its own advantage, demands that a worker furnish the work premises, the risks of those premises encountered in connection with the performance of work are risks of the work environment, even if they are outside of the employer's control, and injuries resulting from those risks arise out of the employment.”
3. The Snake Wrangling Truck Driver and Mercy Logging LLC
When you are injured on the job and you are engaged in activities that are not normally part of your job description, in some cases your
claim for benefit under Workers Compensation can be compromised. One of the things that legal professionals in personal injury law remind clients is this loophole which allows employers to deny that the injury was related to normal course of business activities. Employees should think before they extend their activities beyond the scope of their employment role and duties.
The Nature of the Injury
Johnnie Odom had been employed in the trucking industry for more than twenty years at the time of the accident and he was riding in a truck with Winston Perritt (the son of the private owners of Mercy Logging LLC). It was common to see snakes near the work areas, and truck drivers frequently attempted to run over venomous snakes as they were a hazard to the work area.
On Perritt’s suggestion, the occupants of the truck exited and attempted to catch the snake. Perritt directed Odom as to a method of capturing the snake and during the course of the activity, Odom was bitten. The rattlesnake measured more than six feet in length and as a result, the amount of venom that Odom received landed him in the intensive care unit for more than thirty-five (35) days and he sustained a permanent disability.
How the Case Was Won
Given Perritt’s position as a family member to the owners of Mercy Logging LLC he was acting in a management position giving direction, even if the directions he provided were intended to be recreational they still placed an employee in peril. By requesting that Odom capture the snake, that action became a work order that was followed through by the employee, making the sustained injury a work place incident.
What is the lesson in these examples for employees? Think twice before engaging in activities that may place you in peril particularly if those activities are outside the scope of your normal employment duties and responsibilities. For employers, think twice about the tasks you assign and the potential for injury in any location where employees are carrying out job related duties.
