Workers Compensation and Unemployment Compensation

James B. Avey PhD [email protected] Workers’ Compensation and Unemployment Compensation

1. Joan, a part-time employee, regularly works 8 a.m. – 12 noon each day. However, yesterday, her supervisor asked her to work overtime and stay until 5 p.m. Joan agreed, but asked that she be given a half hour break to get lunch at a nearby restaurant. Her supervisor agreed. Joan drove her car to get lunch, and while leaving the drive-though window, her car was struck by another, severely injuring her. Joan filed a workers’ compensation claim stating that if not for work, she would not have gone to that restaurant and therefore deserved benefits. Does Joan have a valid claim? Why or why not?

1. No - she would if her supervisor had asked her

2. Andy is an HR manager who fired an employee named Roy for misconduct, including alcohol abuse and fighting on the job. The day after the firing, Roy attacked Andy at his home as he was leaving for work. Andy filed for workers’ compensation benefits. Does he have a valid claim? Why or why not?

2. Maybe – if not for job, he wouldn’t have been attacked but probably not

3. Linda is a real estate agent who was called to show a house in a less than favorable area of town. While getting out of her car to go into the house, she was shot in the arm and her car was stolen. Does Linda have a workers’ compensation claim? Why or why not?

3. Yes

4. Craig works in a warehouse as a supervisor. One day, two employees were goofing off and recklessly drove the forklift around the warehouse. The employees ran Craig over with the forklift and broke several of his bones. Does Craig have a workers’ compensation claim? Why or why not?

4. Yes; but the misbehaving workers can be disciplined or fired for their actions

5. One of the reckless warehouse workers fell of the forklift when it hit Craig, and he suffered a concussion. Does that employee have a workers’ compensation claim? Why or why not?

5. Yes (see #4) 6. Laura is a professor who was asked by her department chair to attend a luncheon on Saturday for faculty and business professionals. At this luncheon, a waiter spilled hot coffee on Laura’s hand, burning her badly. Does Laura have a workers’ compensation claim?

6. Yes – part of work

7. Ryan is a teaching assistant in the management department who feels obligated to play golf with the professor he works for. One day, while golfing, Ryan fell out of the golf cart and was dragged across the ground, breaking his arm. Does Ryan have a worker’s compensation claim?

7. No - not part of work

8. Kelly is required to clock in before her 9 a.m. shift and enter the store through a public entrance. One day, Kelly clocked in at 8:50 and, to reach the time clock, walked down an aisle of the store. Shelf stockers in this aisle dropped a large box onto Kelly and she was injured. Does she have a workers’ compensation claim?

8. Yes – on her way to clock out

9. Ray worked as a manager in a grocery store. The store was suffering financially and several managers were offered demotions to clerks rather than being laid off. Ray didn’t want to be a clerk, so he was laid off from his job. He applied for unemployment benefits. Will he be able to collect them?

9. Yes – not a suitable job alternative

10. Frank recently got married, and because his wife has such a lucrative job, he decides to quit his job. Is Frank eligible for unemployment compensation? Is Frank eligible to maintain his current health benefits?

10. First question = No. Second question = Yes – COBRA; pay full premium

11. Lynn worked as a server in a restaurant. After a few weeks, Lynn was constantly arguing with her coworkers and slapped another server one night. Lynn was fired and her supervisor cited “personality conflicts” as the reason for the dismissal. Lynn applied for unemployment benefits, at which time the supervisor cited Lynn’s violation of the company’s zero-tolerance policy against violence. Does Lynn qualify for unemployment benefits? Is she likely to receive them in this case?

11. First question = Technically no. Second Question = Yes, if reason for termination