Q: If injured at work doing something that is not in your job description is the employer still responsible?
While trying to remove an animal that was trapped above a drop down ceiling I fell and a bookcase hit me in the back. The animal had been in the ceiling for at least two weeks and was crying every time I was there at the location. The staff was stressed over it and so was I. I am not employed by the business I work at, only placed there. Should my employer be giving me forms for work comp or am I on my own?
A: Your question is very confusing because I cannot ascertain what you mean by "placed there." If you were working for a temp agency, my recommendation is to get legal help right away because there will be a conflict between the two employers about who should pay. Yes, you have a WC case, but the difficulty will be finding the proper carrier. It could literally take years to reach a resolution.
A: If there is no 'employment relationship' between this business with the trapped animal (which would have been dead in 2 weeks with no water...??) and the people signing your paycheck, then your claim would be dismissed at the Workers Compensation Appeals Board. IF you were rendering a benefit/service to your employer by going into the ceiling at this place -- that is, when you arrive there on behalf of your employer it is expected you will complete miscellaneous tasks as requested as part of your work assignment -- then a Workers Comp judge may award Workers Comp benefits. If your employer only pays you to drop something off and quickly move on to your next site, then climbing up ladders and removing ceiling tiles would be a 'frolic and detour', NOT covered by workers compensation. YOU LIKELY HAVE a Personal Injury claim against the company that had the animal trapped...if this company had a bookcase that could move and strike anyone on the premises, their premises liability coverage should cover your medical bills and lost wages.
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