‘Good Samaritan’ Worker Injured in Rescue Attempt: Does he get Comp?

An employee was injured trying to rescue another worker. His employer says he shouldn’t get workers’ comp because attempting a rescue wasn’t part of his work duties. How did a court rule?

Franklin Pound worked for Pipeline Systems Inc. in Pennsylvania. On July 29, 2010, he was part of a team installing a new pipeline at a building. About 30 feet away from where Pound was working was a concrete pit.

Pound heard another worker call out for help, “Man down, Jack fell.” Pound and two of his co-workers rushed to the pit. Pound found that a worker was lying at the bottom. He climbed down a ladder with two others into the pit. The worker at the bottom of the pit had already died.

Pound says when he stood up in the pit, he felt as though his breath was being sucked out of him and he knew something was wrong.

He tried to climb out of the pit but lost consciousness before he could reach the top. Pound fell 20 feet to the bottom of the pit. His co-workers determined there was gas in the pit and pumped fresh air into it. There had been methane in the pit. Pound was hospitalized with injuries to his leg, knee, foot, ribs, back and lungs.

Pound filed for workers’ comp benefits. The company denied his claim saying he wasn’t in the course and scope of employment when he was injured.

A Workers’ Compensation Judge (WCJ) rejected the company’s argument and awarded comp benefits to Pound. The company appealed to the Workers’ Compensation Board (WCB) which upheld the judge’s decision. Next, the case went to a state court.

Read Full Article At Safetynewsalert.com

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