Justice and Safety Course developer
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Employees fall down
If you had an employee fall at work and you then asked them what happened, and they cannot explain why they fell (no slippery floors, no loose rugs, no high heels etc.). What type of case might this be if the employee is injured?
This can be assumed as a slip/trip and fall case. However, it cannot be a compensable case because the employee does not provide the necessary information that would ensure maybe the right procedures would take place to rule out if the employee can be compensated even though the employee fell at the place of work (Walters, 2017). For such a case to be compensable, a third party is supposed to be involved, should have taken place at the place of work and the employee should provide the necessary information with the soonest position to ensure that the case is recorded in the accidents book, the required medical tests done and report given so that maybe he or she can sue the organization.
Part 2
If this same employee then went to the ER and was found to have elevated blood pressure that could have caused the fall, what type of case might this be? Would either case be compensable in your jurisdiction?
This is a slip/trip and fall case. Usually, elevated blood pressure can be a factor that can result in the fall amongst other factors. However, it is typically hard to determine the relationship between the slip and fall case and elevated blood pressure medically (Walters, 2017). Such situations usually need witnesses to give their information, and medical information is also useful. However, such a case cannot be compensable since a third party is not involved in the incidence. A medical problem triggered it may be, which is not confirmed that it is the real case that caused the fall. This makes it hard for one to be compensated. The first case cannot also be compensable since the employee was not able to give the reasons for the fall hence no information as indicated in the accident books.
References
Walters, S. (2017). Engineering/Personal Injury. The Litigator’s Guide to E