Interesting. I suspect that most reasonable people could rationalize that if an employee dropped hot coffee on themselves at work that workers comp would apply. But most people would also agree that the only reason that workers comp would apply is because of where the coffee accident happened (at work) and not because of the type of accident that occurred. But we’ve gotten so far down the road to believing that “it’s not my fault and somebody else is going to pay” that when this coffee accident now occurs in the back in the home during working hours, the accident is the fault of the employer. Unbelievable.
Workers compensation is no fault, so “its not my fault” or “it was my fault” should not apply. It is whether the injury occurred in the course and scope of employment. If you are in teh office and you go in to get a cup of coffee and burn yourself, or even yet, trip over a box that was placed there (even by the injured worker) is generally compensable as coffee breaks on premises is, in most states, considered part of the course and scope. Tripping and falling while at lunch somewhere is usually not. So, the question, as I see it, is going to get a cup of coffee in your own house when working from home in the course and scope. Again the item you trip on should be immaterial since this isnt about fault.
Interesting. I suspect that most reasonable people could rationalize that if an employee dropped hot coffee on themselves at work that workers comp would apply. But most people would also agree that the only reason that workers comp would apply is because of where the coffee accident happened (at work) and not because of the type of accident that occurred. But we’ve gotten so far down the road to believing that “it’s not my fault and somebody else is going to pay” that when this coffee accident now occurs in the back in the home during working hours, the accident is the fault of the employer. Unbelievable.
Workers compensation is no fault, so “its not my fault” or “it was my fault” should not apply. It is whether the injury occurred in the course and scope of employment. If you are in teh office and you go in to get a cup of coffee and burn yourself, or even yet, trip over a box that was placed there (even by the injured worker) is generally compensable as coffee breaks on premises is, in most states, considered part of the course and scope. Tripping and falling while at lunch somewhere is usually not. So, the question, as I see it, is going to get a cup of coffee in your own house when working from home in the course and scope. Again the item you trip on should be immaterial since this isnt about fault.