Verona Meyer was about 35 weeks pregnant when she slipped while working at a Burger King and struck her lower abdomen on the corner of a table. The baby was born several hours later with severe injuries. The parents blame the accident.
Workers' comp laws usually bar family members from suing as the result of the employee's injury. But in this case, the Washington Supreme Court said the damage wasn't based on injury to the mother (the employee) but directly to the child. Therefore, the parents can sue Burger King on behalf of the child and themselves for the child's injury, and the company has no immunity. (Meyer v. Burger King Corp., No. 70015-0, Wash. Sup. Ct., 2001)
Other states have also ruled that their workers' comp laws don't bar claims involving a child who suffers prenatal injuries, as long as the child doesn't suffer simply because of the injury to the mother.
Advice: Employers are often faced with conflicting responsibilities, here providing a safe workplace for pregnant employees while at the same time not discriminating against them. The best way to maintain balance is by consistent application of policy and by keeping open communications between you and your employees. Talk to the employee and make sure she feels safe in her work environment.
Also, remember what federal law does and doesn't require of you: It only says pregnant employees must be treated the same as other employees on the basis of their ability or inability to work. For example, if you provide other work for employees who can't lift boxes because of a bad back, you must make similar arrangements for a pregnant worker. Also, sick leave and disability benefits have to be paid only on the same basis that applies to employees granted leave for a temporary disability.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/830/keep-your-workplace-safe-for-pregnant-employees "
- How often can we request medical information from a chronically absent employee?
- Your handbook doesn't decide unemployment comp
- Cut costs by challenging requests for intermittent FMLA leave
- The 6 Kinds of Terminations ... And 6 Corresponding Ways to Avoid Being Sued
- What managers need to know about the FMLA