Jailhouse Lawyer hypothetical question...

[woody]

This has to do with Workman's Compensation laws...

"IF" one was injured on their way to, or from work, (say in a vehicle crash) is that injury covered under workman's comp coverage?

I know I read "someplace official" that it was covered (as long as one really was on their way to or from work...) but the other day I was looking for a reference, and couldn't find anything that would confirm or refute.

Do these laws all conform to a Federal standard, or are each state's laws a bit different?

[anodyne33]

This has to do with Workman's Compensation laws...

"IF" one was injured on their way to, or from work, (say in a vehicle crash) is that injury covered under workman's comp coverage?

I know I read "someplace official" that it was covered (as long as one really was on their way to or from work...) but the other day I was looking for a reference, and couldn't find anything that would confirm or refute.

Do these laws all conform to a Federal standard, or are each state's laws a bit different?

I think you're hosed (I played in a band with a lawyer who did nothing but insurance law), but definitely call somebody up locally (any ambulance chaser will be happy to chat with you about it) and find out for sure.

[Geepfreak]

Woody, did those hornets chase after you again? :D

[Captain Ron]

The basic standards:

Were you being paid at the time, i.e., were you on the "clock"?

Are you considered in your state to be an "independent contractor"?

If you answer no to either, you're probably out of luck. If the hornets were chasing you, file suit against the landowner. :D

--ron

[RCP Phx]

Only if you were in a Company(work) vehicle.

[imma honky]

Umm, I remember this came up one time at my work. And they said yes, if you were within a certain distnce of the workplace and could prove you were on your way to work.

[woody]

No this came up the other day at work... "is an employee eligible for coverage on their commute from home to/from the job?"

I "think" that it is covered under workmans comp... but???

I don't care too much ;) I have good health insurance & mad collision avoidance skillz.

[bjoehandley]

Unless it happens in the parking lot, I'd guess not, If it happened in the lot, I'd be suprised, If you had something from work in your vehicle and were moving it from one place to another, I sure as hell hope so.

[Glenn B]

No this came up the other day at work... "is an employee eligible for coverage on their commute from home to/from the job?"

I "think" that it is covered under workmans comp... but???

I don't care too much ;) I have good health insurance & mad collision avoidance skillz.

Just to add more confusion: Washington State insured volunteers and employees from the time they were called out, until the time the returned home on Search and Rescue missions. Of course, that was only for direct travel from home to and from the mission. Stopping off at a bar on the way home was not covered. :nono:

[OverlandXJ]

Here in Pa once you leave your employers place of business you are on your own.

If you were in a company vehicle i would imagine your injury would fall under their vehicles insurance policy...not necessarily on workmans comp as you were technically "off duty"

Now, if you get travel expenses...you may still be considered on the job.

Take this with a grain of salt...i'm only guessing from my experiences with my employees.

You OK?

[onetallmj]

I can tell you from experience that in California once you leave work, your on your own. I hit a LARGE bull right outside my work(it was an access road through a field, the company didn't own the road) and they said "hope you've got some good auto insurance"! Was in the hospital 3 days and out of work for two months.

[woody]

LMAO... no, the hornets (they were yellow-jackets BTW) didn't get after me again, and nothing happened to me commuting... this was a HYPOTHETICAL question.

Like I say, I wasn't not wondering for my own sake... just was a BSing topic that came up the other day etc... I have good insurance (both on my vehicles and for my own health/disability/death) along with plenty days of paid sick-leave built up.

[Jeff in VA]

LMAO... no, the hornets (they were yellow-jackets BTW) didn't get after me again, and nothing happened to me commuting... this was a HYPOTHETICAL question.

Like I say, I wasn't not wondering for my own sake... just was a BSing topic that came up the other day etc... I have good insurance (both on my vehicles and for my own health/disability/death) along with plenty days of paid sick-leave built up.

Thank God......I thought you laid that purrrty new bike down.....

Jeff

[bjoehandley]

I can tell you from experience that in California once you leave work, your on your own. I hit a LARGE bull right outside my work(it was an access road through a field, the company didn't own the road) and they said "hope you've got some good auto insurance"! Was in the hospital 3 days and out of work for two months.

What about the owner of the bull, any responsablilty put on him?

[8Mud]

They change the laws all the time, but I got in a wreck on the way to work (California), was perfectly willing to leave the company out of it, when one of the health plan administrators mentioned, I could probably draw workmans comp. during recovery. I kept supplimental insurance (didn't trust the company much) didn't really care one way or the other (my supplimental plan was pretty good), but pursued it anyway.
To make a short story long, I ended up before an arbitrator, the underwritters lawyer argued that I shouldn't be covered because the way I took, wasn't the shortest route and my lawyer argued that the route I took was the fastest, so I should be covered. I finally got tired of the whole mess and told the lawyer to settle.
They are likely going to try and wiggle out of any responsibility, no matter what the pertenant paragraphs say or what the law says. If you keep at it long enough, you can likely get something from workmans comp.
One pertainant item, that probably made my instance unique, was that the company transfered me twenty miles, so my lawyer argued, I was actually traveling the distance at there behest. I was hired in my home town.