When employees are injured on the job, they are eligible for workers' compensation benefits, but not if the accident occurs on their commute to or from, in most cases, at least. But how about if an employee is injured in your parking lot, or while running an errand for you after work? There are two rules that govern at which point a worker is eligible for benefits if they sustain an injury:
The 'coming and going' rule Typically, workers' compensation benefits won't be paid for injuries sustained during a daily commute. This is known as the "coming and going" rule. Exceptions consider whether the worker's travel was a benefit to the employer, and related to their job duties. There are four main exceptions:
The 'premises' rule If an employee is injured on the premises of your place of employment, they are more or less "at work" and should qualify for benefits. Premises are not limited to areas owned or leased by the employer, and include areas under their control. Various courts have held that employment starts when an employee arrives at a parking lot owned, maintained, or used by the employer. The takeaway A recent case dealt with these issues. A worker was injured while driving to work inside an Air Force base, where his private military contractor employer operated multiple worksites. He was on the base, but still 3 to 5 miles away from his worksite. A California appellate court ruled that he was eligible for benefits under the workers' comp premises rule. This and other cases show that there are off-site dangers to workers that employers cannot account for, particularly on public roads. Still, other dangers on your premises (think icy walkways) can be minimized with proper risk management, by alerting your landlord (if you rent) if there are such dangers, or having it fixed if you own the property. Comments are closed.
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September 2022
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501 Bell St.
Dubuque, IA 52001
Phone: (563) 556-0272
An AssuredPartners Agency
In February 2020, The Friedman Group joined AssuredPartners, the 11th largest insurance brokerage in the U.S. This partnership provides us access to additional capital and a national footprint that enables us to continue to negotiate the most favorable coverage terms and conditions for our clients, and allows us to provide an even broader spectrum of risk management support services.
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