Injured while on unauthorized absence

[PPRNNews]

We are working on a story, and to make this simple, I'll just make it into a story:

Worker Joe is a federal employee. Joe loves to pick wild flowers just off the edge of the property of his workplace.

But there are bear in the area.

Joe goes out one day, as he usually does, for his 20 minute flower picking time. And while he is off the property, absent from his workplace, and everybody knows (including his supervisors) that he is UA; Joe is attacked by a bear and dies.

A couple of questions:

1) If he survives the attack, would he be eligible for WC?
2) If he dies, would he be eligible for his government life insurance?
3) Is there a possibility (not set in stone) that his family could sue for wrongful death because all the management knew that Joe left the building, and off the property to pick flowers, yet did not reprimand or counsel him on his actions that lead to his death?
4) Could management be held responsible for his death by UPPER management, leading to their termination

Real story folks. Names and actions have been changed to protect the stupid, I mean innocent.

[1171]

what's your purpose?
using us for research?

[bronco54501]

If you have a story to share, then share it... If your looking for us to respond you may need to word it differently.... If this is a true story and your not involved why change the names and I believe a headline like that woiuld have hit the news,,,,,,,,So share the link...

[1171]

who are you working for?
if you are not the injured, how will answers help them?

[hurt back]

My thoughts exactly 1171....

[PPRNNews]

A federal employee contacted us about several coworkers who are leaving the worksite to go get coffee while NOT on their break or lunch time, walking in the dark in the same area that the bear was seen. This same scenario was shared with 2 WC attorneys as well as this group.

The concern the man has is that if the bear attacks his friends, they will be unable to collect WC and if killed, unable to collect the life insurance. He has pleaded with his friends not to go, and as the wildlife in that area has been displaced due to development, the odds of an injury increase dramatically.

I am waiting to hear back from the attorneys.

Your thoughts?

[hurt back]

PPRN - There are ALOT of different things that could happen in this scenario...

1. The employee knowing the others are leaving should report them to "aid" in this from happening.

2. The employer should inform the wildlife agency of the bear so that maybe it can be relocated.. Or the employer put up a perimeter barrier around the facility..

3. The employer should have strict enforcement on who leaves while not on break/lunch , ie the person in charge should be doing there job.

4. Leaving on unauthorized terms on almost every job I've worked equals job abandament..


That being said I don't see the employer responsible in any way at all due to the fact they are not telling the employees this is their "break area" and the only area they are allowed.. But also like stated previously the employer should be concerned for ALL employees and call the wildlife agency to aid in the movement of the animal due to the "potential" risk..

Being the fact its the "edge" of the property and the employees also work inside I don't see why they would even be there which in return would raise a red flag upon further investigation if indeed it was turned over to workers comp. to decide if covered or not..

And of course federal employee workers compensation is ALOT different that non-federal.

Thats my opinion of course EVERYONE has one, so mine is NOT LEGAL advice just my own personal view..

---

Here is a link I found as well that I believe may answer your question as well : http://www.dol.gov/owcp/dfec/regs/compli...CA-810.pdf

[AQA]

NOT saying there is a connection, but some may find it interesting.

Type pprnnews into your web browser.

[1171]

This co-worker is awfully concerned but the workers aren't?!
Hummmm, are they a beneficiary?

A job is more then a worksite and comp coverage is not limited to square footage.
The issue would be whether they were outside their employment duties at the time of injury.

Federal labor law is not specific on such a situation so you would have to refer to case law. Workers comp is a legal specialty and unless these are comp attys, they would not be familiar with case law on the matter.

On the surface it would seem these employees were on a personal errand and not covered. There maybe specific case law that would make an exception if this was regular behavior and "condoned" by supervisors/mgmt.

Your involvement as a fourth party to these workers is rare and a bit suspicious.
Specific facts are needed in these scenarios and you are a bit far removed from the participants to have details.

It would probably have to be litigated to bring in such evidence.

I have no knowledge of the provisions on federal life insurance benefits.

I see no civil liability to the employer.

[PPRNNews]

(07-22-2012 07:20 PM)hurt back Wrote:  PPRN - There are ALOT of different things that could happen in this scenario...

1. The employee knowing the others are leaving should report them to "aid" in this from happening.

2. The employer should inform the wildlife agency of the bear so that maybe it can be relocated.. Or the employer put up a perimeter barrier around the facility..

3. The employer should have strict enforcement on who leaves while not on break/lunch , ie the person in charge should be doing there job.

4. Leaving on unauthorized terms on almost every job I've worked equals job abandament..

Thanks for examining the factors. And #4 hits it right on - if in the state of "job abandonment" - would the employees be eligible? I really don't think so and that's why I'll be looking at the link you provided.

---

(07-22-2012 07:39 PM)1171 Wrote:  This co-worker is awfully concerned but the workers aren't?!
Hummmm, are they a beneficiary?

The co-worker is a friend to those being at risk. At least from the emails I've received.

And the front line supervisors and up are aware of these breaks and often goes out with the line staff.

And that makes this a very thick bally-wick.