Meyer V. Burger King Corporation
Autor: mwant85 • May 4, 2017 • Case Study • 451 Words (2 Pages) • 803 Views
Melinda Wantland
Employment Law
Fordham/Jewsbury
April 30, 2017
Case Law Review #4
Meyer v. Burger King Corporation
In Utero workplace injuries suffered as a result of a fall at work. Verona Meyer fell at work, she was 35 weeks along and when she fell she hit her abdomen. She later went home and ended up going into labor and having a baby born with permanent mental and physical disabilities. The question is, is the newborn entitled to compensation?
In the case of Cushing ex rel. Brewer v. Time Saver Stores, the court held the workers’ compensation statue was not intended to nor does it purport to affect the rights of an employee’s child who is injured on the employer’s job site.
In the case of the Pizza Hut of Am., Inc v. Keefe, the court reasoned the fact the mother and child were injured in the same event does not render the damage to the child derivative of the mother’s injury because the child’s right of action arises out of the child’s own personal injuries and not merely the personal injuries suffered by the mother. Worker’s compensation laws would not bar a claim by a child who was injured while visiting his or her parent in the workplace.
If these companies were meaning to actually put pregnant women in harms way, ia m sure that they would not be in business. If a pregnant womenMelinda Wantland
Organizational Behavior
Kyung
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