Employer Has Duty to Provide Emergency Aid to Employee Falling Ill at Work
The Connecticut Superior Court found that an employer has a duty to care for and furnish medical aid to an employee who in the course of his employment suffers an injury, or is suddenly stricken by illness, where such action is demanded to save life or prevent further serious bodily harm. Parekh v. DST Output, CV054013796 (Conn. Super. Ct. Feb. 10, 2006). The employee’s estate sued the employer for failing to render adequate emergency care when the employee fell ill while at work. The employee died as a result of his illness.
In this case the employee demonstrated signs of serious illness, including falling to the floor, but the employer failed to transport the employee to a hospital or other emergency medical facility. While the court noted there is no controlling authority in Connecticut, and that the general rule is that employers have no duty to directly furnish aid to sick or injured employees, it sided with various other courts that found an exception applies in emergency situations. Without outlining the specific degree of direct aid required the court noted such determinations must be based on the particular situation and attending circumstances.
Although most employers would render assistance in serious medical situations, this case highlights the need to have sound emergency procedures in place should an employee become ill or injured while at work, even where the cause is not work related.