Q: I was doing work at my job before work. Should they still be held responsible?
I work for UPS and went in to organize my truck approximately an hour to an hour and a half before my actual start time. I have been doing this for the last 8 to 9 years, since I started driving. I overheated and dehydrated and had some loss of consciousness. They called 911 and had an ambulance respond and took me to the ER. The ER gave me fluids and told me to take the next 2 days off work. The date of injury was August 3 2016. I took off until August 8 2016 and reported to work. I worked from 9:00a.m. until approximately 12:30p.m. when I started to feel the same symptom returning. I phoned my boss and told them what was happening and they advised me to drive back to the center. I was then told to go get a release from a doctor before returning to work. I returned to work on August 29 2016. Are they responsible for my lost wages?
A: If you can prove that your job caused the condition, yes. You should not have a 30 day problem (must give the employer notice of your injury within 30 days) because, as you say, it knew about your condition. The fact that you attempted to return to work but was unable to perform your job because of your injury will be a factual issue to be decided by the fact finder (HO). If the HO finds you were unable to work because of your injury, you should be awarded income benefits for your disability. Good luck to you.
A: Yes, if the work was in furtherance of your employer's business it would be "in course and scope" of your employment. In fact, if you were paid by the hour, you may have a claim for unpaid wages against UPS for the preparatory work you were required to perform so you could do your job. Moreover, if all employees were treated in the same manner, you may have a class action suit against UPS to make it pay wages to all those employees that were not paid! Good luck.
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