Can an employer be liable if an employee has a stroke at work

Question

Employee was assigned additional physical duties that were outside of her assigned tasks.

James L. Arrasmith · Answer

To address this question, let's consider a few key points: 
 
1. Employer liability: An employer can potentially be liable if an employee suffers a stroke at work, but it depends on the specific circumstances. 
 
2. Workers' compensation: In California, most work-related injuries and illnesses are covered by workers' compensation insurance. This system generally provides no-fault coverage, meaning the employee doesn't need to prove the employer was negligent. 
 
3. Causation: The critical factor is whether the stroke can be linked to work-related activities or conditions. In this case, the additional physical duties outside the employee's normal tasks could be relevant. 
 
4. California labor laws: Employers have a duty to provide a safe work environment and not expose employees to unreasonable risks. 
 
5. Burden of proof: The employee would need to demonstrate that the stroke was caused or significantly contributed to by work-related factors. 
 
Given the information provided: 
 
- The assignment of additional physical duties outside the employee's normal tasks could be a significant factor. 
- If these duties were unusually strenuous or if the employee wasn't properly trained or equipped for them, it could strengthen the case for work-relatedness. 
- The timing of the stroke in relation to these new duties would also be important. 
 
To determine liability, several questions would need to be answered: 
 
1. Were the additional duties significantly more strenuous than the employee's regular tasks? 
2. Was the employee given proper training and equipment for these new duties? 
3. Did the employer ignore any health concerns or limitations the employee may have expressed? 
4. Is there a medical opinion linking the stroke to the work activities? 
 
It's important to note that each case is unique, and the specific details would be crucial in determining liability. The employee should consider: 
 
1. Filing a workers' compensation claim 
2. Consulting with an employment law attorney who specializes in workplace injuries 
3. Gathering all relevant medical evidence and documentation of work duties

Q: Can an employer be liable if an employee has a stroke at work