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Injured While Watering Flowers - Alabama

Updated: Jan 31

Question: An office employee asks if she can plant some flowers near the entry way to the company's office, is granted permission, and months later trips and injures her ankle while watering the plants during her morning break. Is it compensable? -Trey W. 1/28/21

Answer: Based on the line "on her break" I would say this is not compensable. Unless tending the flowers was part of her role, watering flowers on her break would not meet the definition of 'arising out of the course of employment' and would not be compensable. However, this could change if she was told she could plant them 'provided she took care of them' or anything that could make this part of her employment. If the employer benefited from the task (the mutual benefit test) it could also be deemed compensable, that would have to be determined. Here is a source: https://labor.alabama.gov/wc/benefits.aspx Look at bullet point number 3. That is the justification for the response I provided. Though this is far from set in stone. -McKell S. 1/29/21

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Injured While Watering Flowers - Alabama

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