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Danielle Landau
Danielle Landau
Contributor •

Horseplay is not fun: Workers Compensation claim frozen in its tracks

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Joking around becomes no laughing matter when someone gets hurt. But in a recent workers compensation case, ice throwing at work resulted in a serious injury.

A male waiter entered the kitchen of the restaurant where he worked and began to input meal orders into a computer. Three idle co-workers threw ice at the waiter. He turned around when a piece of ice hit him in the back of his head. He was continually hit in the head and chest as he faced forward. He threw his left arm up to block the ice and his left shoulder dislocated. He suffered an injury and underwent surgery, as a result of the incident.

But even more shocking than the facts of the case is the decision of the Virginia Court of Appeals, which ruled in favor of the employer. The employer’s insurance company argued: “there was no casual connection between the injury and the conditions under which the employer required the work to be done”.

Attorney Doug Landau, who has won cases involving horseplay, playing at work and injuries occurring off the premises and "off the clock," knows Workers Compensation claims can be tricky. But with this particular case we see that just because someone is hurt at work, while they are working, does not mean they always get the restitution they deserve under the state’s Workers Compensation law.

See http://www.courts.state.va.us/courts/cav/home.html