Legal Question in Workers Comp in California

We had an employee spill hot liquid on her arm while removing something from a microwave in a breakroom. We determined the microwave was too high, and made the recommendation to move it from it's enclave (between 5-6 high) to the countertop. Our legal department said this wasn't a workers comp case, because the employee was not working (she was at lunch). He said it was a building liability case. Is he correct? Both safety and HR believe it's a workers comp case.


Asked on 4/07/10, 2:43 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

It certainly isn't a worker's comp case.

Read more
Answered on 4/12/10, 5:06 pm
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Your case that could be litigated in the comp courts depending upon several factors. For example, if the employee was injured in a break room, then you will have more substance for a comp case. Further, if the microwave was designated for employees use, it might also be a comp case. My suggestion is to contact your comp. carrier and let them handle the issue.

Read more
Answered on 4/12/10, 8:57 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in California