Worker hurt walking dog wins workers' comp claim
The Tasmanian utility worker lived in required company-owned accommodations and was injured while on-call.
A Tasmanian worker who slipped on a wet log and broke his femur while walking his dog around a lake has won a workers’ compensation case against his employer. The injured man worked for an electric company and was required to live in the employer’s accommodation. When he was injured, he was on call for work duties.
Although this case occurred in Tasmania, we have seen similar instances of employees being injured while making “reasonable use” of employer-supplied housing in the United States. In Pierre v. Seaside Farms Inc., an employee suffered an ankle injury after falling on a wet sidewalk at employer-supplied housing. The court found that the injury arose out of and in the course of employment and was compensable because the employee was essentially required to live on the employer’s premises and was making reasonable use of the premises.
In the case from Tasmania, the employer disputed the claim, arguing the injury did not arise out of or in the course of employment because the man was walking his dog when he was injured.
The Tasmanian Workers’ Rehabilitation and Compensation Tribunal upheld the claim of the worker. Legal representation for the worker stated that the case emphasizes that injuries that are sustained during non-work activities while an employee is either on-call or away on location for work can be compensable even when the required connection between the activity and the employment can be tenuous.
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