Snakebite During Break Not Compensable, When Worker Was On Premises
May 8, 2024

copperhead snakeA woman in Virginia was in the wrong place at the wrong time when she was bitten by a snake during her break from work. She sought workers’ compensation for her injuries but was denied, presumably since she was on her break at the time of the bite and was not doing anything in the course and scope of her employment.

Ke’Vonia Cousins worked for The Results Group in a building they rent. She was on her break and went outside when she said she felt a sharp pain in her leg and a wet feeling. Looking down she saw a baby copperhead on her toe. She was in the hospital for three days and received two anti-venom doses. She says she had nightmares and is still quite shaken from the incident and is in physical therapy. She sought workers’ compensation but the employer’s insurer denied her claim.

A statement from her employer, the Results Group, says that they submitted the claim to the insurer but received a response that the injury did not arise in the course and scope of her employment and could not be considered compensable. The employer says they asked their insurer for clarification and are waiting to hear from them.

In a statement from the owners of the building where she worked it was reported that the snake got inside after a door was opened sometime earlier in the day. They ordered a pest control company to inspect the building and lay down repellent, it was determined that the snake may have gone inside to get out of the heat and no other snakes have been sighted. Snakes are not unusual in the area in Virginia where she works.

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