Legal Question in Workers Comp in California

Employers Liability outside of Work Hours

I had a new employee working graveyard shift from Midnight to 8:15a.m. The odd schedule was a result of her request to leave at that time so she can send her child to daycare.

At that morning, she did not leave at 8:15 a.m., instead remained at work until 9 a.m. at which about 8:40a.m she claimed an injury while assisting a client. No witnesses to injury and no one else injured. There was no approval of her extension of time to continue working.

Is the employer still liable for this supposed injury?


Asked on 5/10/04, 5:31 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Employers Liability outside of Work Hours

the fact that she stayed late will probably not be a factor in determining the validity of the claim

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Answered on 5/11/04, 2:28 pm


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