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Kentucky Q&A Board

Q&A Log - Kentucky

Worker ' s Compensation

Scorpion Sting While Transporting Flooring
Question: An employee was tasked with picking up bamboo flooring for a remodeling project of a new office space. The employee picked up the bamboo flooring one evening and decided to take it into their own home overnight so it wouldn't be stolen from their vehicle. The next morning, the employee picked up the bamboo flooring and felt something on the underside of the packaging and a tingling pain in his hand. Upon closer inspection the employee found hundreds of baby scorpions crawling in and around the packaging and several stings on his hand. The employee immediately drove to urgent care and was provided prescription strength 2.5% hydrocortisone cream. Is it compensable?   -Nate B. 3/22/21

Answers: This question is a little more difficult, because there is a lot that is subject to interpretation. However, this injury would most likely be deemed compensable, because the injury arose out of the scope of his employment. While taking the bamboo flooring home was not necessarily part of his job duties, there is no way to argue that it didn't benefit the employer. Generally, when the action is reasonable, as it is in this case, and it results in a benefit to the employer, it will be considered work related even if it is falls outside of the direct scope of employment. -McKell S. 3/30/21

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