March 31st, 2010
Posted By
Mark Freedman

A recent case ruling determined that Michigan employers do not have to pay workers' compensation benefits for employees' non-work related injuries or ailments.

The case, Blankenship-King v. K-Mart Corp, centers around a K-Mart employee who claims her employer should be held liable for the injuries she sustained when she fainted at work. The employee claims she called her supervisor to relieve her when she began to feel sick, but the supervisor failed to ask about her illness, find her a place to sit down, or offer to escort her somewhere where she could rest. As the employee was walking to the break room, she fainted, shattering her teeth and cracking her chin.

The employee claims that her supervisor's lack of response contributed to her fall, and therefore felt the employer should cover the cost of the dental work needed to fix her broken teeth. However, the Michigan Workers' Compensation Appellate Commission ruled that the employer was not liable for paying workers' compensation benefits for the following reasons:

  • Employers usually aren't held accountable for providing benefits for a fall unless the fall occurs because of a dangerous or hazardous condition on the premises.
  • The escort that the employee asked for would have had to have been "of a certain size, have sufficient strength, and have quick enough reflexes to catch a fainting employee."
  • It couldn't be established that the outcome would have been different had the employee been escorted to the break room or the nearest chair.

Have You Suffered an Injury At Work?

A Detroit personal injury attorney at the Law Offices of Freedman & Freedman can provide you with the experienced and dedicated representation needed to pursue a workers' compensation claim following an accident or injury at your job. If you have suffered an injury while at work, let us help you pursue a workers' compensation claim so you can recover the financial resources you need for your medical bills and daily/monthly expenses while you are out of work. While not all injuries are covered under the workers' compensation system, as made evident by this case, many injuries are. Let a workplace accident lawyer at our firm assist you in recovering the compensation you need and deserve!

Contact Freedman & Freedman today at (888) 252-8582 to schedule a consultation!