HRLegalNews.com » Who won this case? Should she get comp for being a jerk?

Who won this case? Should she get comp for being a jerk?

May 9, 2008 by Sam Narisi
Posted in: Benefits Law, Latest News & Views

A group of employees stand up to an abusive co-worker and tell her she’s rude, obnoxious and a chore to work with. Now she claims the insults caused a mental breakdown and wants worker’s comp. Read the facts of this real-life case and decide: Who won? The facts:

An employee didn’t get along with her co-workers and was having trouble getting them to work with her. She asked a manager to call a meeting, during which her co-workers gave her their harsh opinions - that she was a rude, overbearing perfectionist. Referring to the meeting as “the worst trial in the history of America,” she said it caused a serious psychiatric injury and filed a claim for worker’s compensation.

The employer said:

The company wasn’t at fault for the injuries, since the woman’s co-workers were simply criticizing behavior they disagreed with. Employees don’t get comp when they cause their own injuries.

Who won the case?

Answer: The employer.

Why: The court noted that worker’s comp can be collected for psychiatric injury - but only if it’s the result of harassment or unfair persecution. In this case, it was obvious that the co-workers’ comments were brought on by the woman’s own behavior. So essentially, the injuries were her fault and she wasn’t entitled to comp.

Cite: Verga v. United Airlines, et al.

Tags: , ,

Leave a Reply


advertisement


advertisement