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Injury before work Ohio

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  • Injury before work Ohio

    Is an employee entitled to workers compensation for an injury that occurs on the employer's premises (e.g. a break room or locker room), but before the work day actually begins? What does the law say about that? Thanks.

  • #2
    The million dollar question. There is no absolute here. Why was the employee there? What caused the injury? Was work being performed?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Originally posted by ElleMD View Post
      The million dollar question. There is no absolute here. Why was the employee there? What caused the injury? Was work being performed?
      We'll say the employee was in the break room or locker room on the employer premises. This was before work actually began. The employee was not engaged in horseplay, but wasn't engaged in work or preparation for work (like, for example, making coffee or something).

      The injury occurred due to the fault of something of the employer's (a chair breaking, a coffee pot exploding, etc.).

      The employee was there before his work shift began.

      Thanks.

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      • #4
        In that case, yes, it would be irrelevant that the employee hadn't actually clocked in yet.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          Originally posted by ElleMD View Post
          In that case, yes, it would be irrelevant that the employee hadn't actually clocked in yet.
          So essentially what you're saying is that the employee WOULD be able to collect workers compensation for that injury?

          Is there any authority out there that you know of? Ohio would be preferable, but any will do. Thanks.

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          • #6
            Is there an actual claim or is this all hypothetical? In any given situation there are factors that could make a huge difference. To be covered by WC the injury must "arise out of and in the course of work". The linked case discussed this in greater detail. Again it is hard to say based on hypotheticals as the circumstances of each case will determine compensibility.

            If the person is making coffee for the office and the pot explodes, I can see how that would be covered as they were engaged in work. The same with sitting in one's chair or being in the locker room getting ready for work.

            http://www.sconet.state.oh.us/rod/ne...-ohio-3038.pdf

            I'm not sure what your relationship is to this situation, if there is one, but my advise is to file the claim as though compensible and let the insurance company deny it. The company should not be the ones making that call.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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            • #7
              I should have been more specific. This is a hypothetical.

              Thanks for your help!

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              • #8
                Ah, more homework.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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