Forklift Driver Injured while getting Dog Biscuits

 In April of 2020, Gordon McChesney was doing his job, driving flatbed trucks for a freight company bringing cardboard from retail companies to a recycling facility. He was at his first stop when he took a break to pick up some dog treats for his own pups at home. While driving a forklift around the building, he hit a rock and the forklift tumbled over, causing McChesney to lose consciousness. Naturally, McChesney filed a workers compensation claim due to his injuries, only to have the claim denied by his employer and their insurer. The claim was denied because the employee was “on a personal errand” and that he “was prohibited from going into the store or using the forklift for transportation”. The whole thing made its way to court, where an administrative law judge rules the injury compensable. The judge stated that using a forklift was not out of the ordinary for this company’s employees, and the employee was not in a clear violation of any work rules. The article written by Kelly Helton, JD, talks about how it is not uncommon to see these kinds of cases in court. While he was on a personal errand, McChesney was found to have not “substantially deviated” from his employment.  No matter the job description, or whether an employee is on a break, employers should provide guidelines on how to stay safe in the workplace. To avoid injuries like this, make it common practice to ensure your employees know exactly the rules and regulations, to avoid injuring themselves.

To read more about the incident and court findings, click on the link below.

Helton, K. (2022, October 25). Driver hurt in a forklift accident while cruising for dog biscuits. PropertyCasualty360. Retrieved November 7, 2022, from https://www.propertycasualty360.com/2022/10/25/driving-forklift-for-dog-treats-not-a-substantial-deviation-414-229509/