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A waitress who was injured in a fight at a bar has been denied workers’ compensation benefits under a ruling by the Kentucky Court of Appeals. The ruling illustrates the legal complexities of Kentucky workers’ compensation claims involving violence.
According to an account of the case at riskandinsurance.com, the waitress was waiting on tables in a crowded bar when she was knocked to the ground during an altercation involving two customers. A security guard eventually broke up the fight, and the waitress went on to finish her shift. After she finished working, she sought medical treatment for injuries to her head, neck, hair, shoulders, arms, back, and knees.
The waitress claimed she was an innocent victim who was simply doing her job when she was knocked down by one of the customers in the fight. She said she did not know either of the customers involved in the fight. One of the customers, however, said that the waitress had intervened on behalf of the other customer by grabbing the first customer’s arm. In addition, the bar owner (her employer) thought the waitress knew one of the customers.
The Appeals Court held that the waitress was not entitled to benefits, finding that she had intervened in the fight on her own accord. It also rejected an argument by the waitress that her work put her in an inherently dangerous position, which increased the risk of injuries sustained in a fight with an intoxicated customer.
As the report at riskandinsurance.com explained, the case means that even if a worker is assaulted on the job, she is not entitled to benefits if her injuries are inflicted through personal animosity for a reason unrelated to the employer’s business. The case is known as Crutcher v. New Direction, No. 2013-CA-000154-WC (Ky. Ct. App. 08/02/13, unpublished).
If you have suffered a workplace injury as a result of violence or accident, you may be entitled to Kentucky workers’ compensation benefits. A Kentucky workplace injury attorney can help you understand your legal rights.
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Since opening his own law office in 1997, Frank Jenkins has dedicated his practice to helping disabled workers and individuals obtain the Workers' Compensation benefits to which they are entitled.
Jason attended the University of Kentucky as an undergraduate majoring in English, with a focus on creative writing. Having fallen in love with the town of Lexington, there was only one choice for him – attending the University of Kentucky College of Law.
I am a recent graduate of University of Kentucky College of Law. During law school I interned with a Family Court Judge, and also did an internship with The Children’s Law Center here in Lexington, KY. After taking the bar exam, I began work with Frank Jenkins Law Office as a Law Clerk.
For more than 15 years, the Frank Jenkins Law Office has helped workers across Kentucky obtain the workers' compensation benefits they need and deserve. Dealing with insurance companies, medical records, doctors, defense lawyers and the Department of Workers' Claims can be complex, time-consuming and frustrating — but you don't have to do it on your own! We can provide the legal skills and experience necessary to aggressively fight for your rights.
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