Employee becomes ill at work—now what?

It will happen. Sooner or later, an employee becomes ill at work. What are your obligations legally? Ethically? Recently, the U.S. 5th Circuit Court of Appeals (the federal court of appeals covering Texas) adopted an earlier case from a Texas court. The answer—a manageable standard.

Previous Texas case

David Welch worked as a desk clerk at Holiday Inn in Round Rock, Texas. One day, he felt ill, experiencing issues with his speech, motor skills, and walking ability. But he was lucid and able to continue working. His boss offered to drive him to his doctor when Welch’s shift ended. He never told the boss that he needed an ambulance or emergency medical care.

Shortly before the end of his shift, however, his condition worsened, and Welch called 911. The EMT came, took him to the hospital, and he was diagnosed with having experienced a stroke.

A negligence lawsuit followed. The argument: Had his boss called for an ambulance, he would have received medical treatment earlier, and the damage to his health would have been lessened. The trial court dismissed the lawsuit, and the Austin appeals court said it was right to do so. It set out the following workable standard: