Morgan’s Tip of the Week (FL) – MVA’s on the Way To/From Work
Greetings,
I had a client ask me to do a blurb they can send to their clients about late reporting of Workers Comp motor vehicle accidents, an all too common problem. Most of the time this stems from the employer not thinking it is a WC claim.
1) In general, MVA’s on the way to or from work are not compensable under:
440.092(2) GOING OR COMING.—An injury suffered while going to or coming from work is not an injury arising out of and in the course of employment whether or not the employer provided transportation if such means of transportation was available for the exclusive personal use by the employee, unless the employee was engaged in a special errand or mission for the employer.
However, as always, there are exceptions. A special hazard on the way into or out of work before reaching the actual premises, which could be a rocky dirt road, construction, etc…
One of the other exceptions in the statute is the confusing language about employer provided transportation. In simplest terms, the case law has interpreted that to mean if there are any rules on how and when the employee can use the vehicle (such as to and from work only), and the rules are enforced, the minute the employee gets in that car to drive to work and until he gets out in his driveway he is in the course and scope of employment. The rationale is the employer is controlling him or her.
The other exception is a special errand. If the employer asks the claimant to make a stop on the way home or on the way in, then its compensable if it occurs during the sidetrip out of their normal route to work.
2) Another common one that is missed in reporting is travel between two premises/locations of the employer. Those are compensable accidents.
3) Probably the most often missed one is the Traveling employee. Anyone can be considered this on any given day, the claimant does not need to be someone that always travels.
This includes business trips, from the moment they leave the driveway until they get home. The salesman or the construction worker who travel from jobsite to jobsite without a fixed location also fall under this analysis. These are very fact specific, and there are dozens of cases on point. Here is the statute.
440.09(2) (4) TRAVELING EMPLOYEES.—An employee who is required to travel in connection with his or her employment who suffers an injury while in travel status shall be eligible for benefits under this chapter only if the injury arises out of and in the course of employment while he or she is actively engaged in the duties of employment. This subsection applies to travel necessarily incident to performance of the employee’s job responsibility but does not include travel to and from work as provided in subsection (2).