Reprinted from the July 1, 2007 issue of MANAGER'S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through true-to-life dialogue and fact-based examples. Click here to view a sample issue, get more information, or sign up for a risk-free subscription.

Off-Duty Employee Injured At Work Has Eye On Workers' Comp

Allowing employees to come to work on their day off and use work equipment for personal reasons might be your way of doing them a favor. It's all fun and games…until someone loses an eye and seeks Workers' Compensation benefits.

IN THE BLINK OF AN EYE

Cody Granger worked in a steel-grinding shop where he worked on large fixtures, like steel plates and industrial blades. He had a personal goal of becoming a sword and knife maker someday. The shop manager, Pete Epps, allowed him to use the equipment to practice sword and knife grinding on his own time.

"Hi, Pete. Since I'm not scheduled to work today, is it all right if I came in and worked on a butcher knife I just bought?" Granger asked on the phone. "I'd like to experiment with it for my own educational purposes."

"Sure, Cody. See you later."

Granger went to the shop and proceeded to work on his knife.

"I'm running out to lunch now," Epps said later in the day. "If a delivery truck arrives while I'm gone, would you mind unloading it?"

"No problem," Granger answered.

"Great. Call my cell phone if you leave before it comes, and I'm still out."

Granger went back to work on his knife. Not 15 minutes later, it broke, and a piece of the blade launched through his safety goggles and into his eye.

COURT TAKES A LOOK

The state Workers' Comp board denied Granger's claim, so he appealed to a state court. He claimed that his injury arose out of, and occurred in the course of, his employment because:

• being struck in the face with metal is an inherent workplace risk when grinding metal; and

• his manager had asked him to perform a work task, so he was no longer on personal time.

The court disagreed. Reasons:

1. Being struck with a butcher knife was not a workplace risk because the shop did not grind butcher knives. Instead, it performed grinding on much larger steel surfaces.

2. Granger's knife-grinding was not transformed from a personal mission to an activity related to work just because Epps had asked him to unload a delivery truck if it came. Since Granger was free to leave, he was in the plant for a personal reason, not for work.

WATCH OUT FOR WORKERS' COMP

When doing employees the favor of allowing them to engage in personal activities at work, do your company a favor by ensuring that any injuries don't result in Workers' Comp claims.

Do not allow employees to perform personal work that is similar to the type of work they perform on the job and has the same risks of harm. Here, grinding a personal knife had significantly different risks than grinding larger surfaces.

Do not allow employees to engage in activities that benefit the company. Had Granger been working on his personal knife to improve his skills for work, he likely would have been entitled to WC.

Do not allow employees to perform personal work during work hours. That he was on his day off hurt Granger's case considerably. Even non-work time on a workday, like lunchtime, is okay. But beware that "in the course of employment" could include a reasonable period of time after work, such as the time it would take for an employee to leave the premises.

Do not ask employees to perform any work during their personal time. Although Epps did not require Granger to wait for the delivery or unload the truck, Granger thought otherwise.

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