Juan worked at a company that assembled tractor trailers. He and his young coworkers would sometimes horse around by shooting each other with small pieces of putty from the end of an air hose used in the construction of these trailers.
Unfortunately, one day Juan turned around at the wrong time and caught one directly in the eye, blinding him immediately. Although he filed a workers comp claim, the carrier denied him coverage due to participating in horseplay.
How We Helped
There are a handful of situations when the so-called “horseplay rule” is not an excuse to deny workers compensation coverage.
First of all, Juan was not participating in horseplay at the time—he was a victim. When we brought up this fact with the workers compensation carrier, they were open to settlement.
We settled Juan’s case, awarding our client wages for time missed from work, medical expenses, and compensation for the permanent blindness in his eye.
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Davis & Sanchez