A Wal-Mart employee, who filed a workers’ compensation claim after a lunchtime trip to the restroom, failed to convince the Workers’ Compensation Commission of her claim’s merit.
According to her testimony, the woman went to the restroom during her lunch break. She looked under the stall door to determine whether the stall was occupied. When she raised her head, she hit it on a tampon dispenser and then felt pain in her neck.
The commission suggested that next time she simply ask whether anyone was in the stall. Additionally, the commission noted that the worker faced no greater risk than the general public of banging her head on the dispenser.
Workers’ compensation regulations require workplace injuries to arise out of the worker’s employment. Additionally, the woman presented no evidence the dispenser was broken or was a hazard. When the woman couldn’t prove greater risk, her claim went down the drain.