Recent developments of accident injuries sustained by workers while on work-related travel and court rulings make it necessary for employers must follow a clear and specific policy towards such incidents.
Frame A Work-Related Travel Accident Policy
The legal outcome of such travel injury disputes often depends on detailed facts and minute nuances. But still, it is very much possible for businesses to reduce potential employer liabilities and costs. An effective way to achieve the same is to layout and follow a travel injury policy. While framing one, make sure that the activities that might be considered related to your work are well defined.
In general, the court judgments are favored towards businesses when the accident victim is not pursuing business interests at the accident. So, while you indeed might be traveling for work, the accident must not take place while on a drive to meet a nephew who happens to reside there.
Accident During Work-Related Travel Is Common In Certain Industries
Employees engaged in jobs spreading to multiple workplaces like sales representatives and truckers are more like to sustain injuries while on work-related travel due to the very nature of their work. One particular state which witnesses a particularly significant number of such incidents in Texas. Texas is the hotbed for such unfortunate incidents primarily due to its oil industry, which involves working in remote locations a lot. Another common site for such work-related travel accidents in Chicago. It is advisable to contact a Chicago Car Accident Lawyer whenever such an incident takes place. As per legal experts while there is no significant number of lawsuits involving work-travel-related injuries. The ones that do get into their way to the courts usually involve complex and interesting issues that need to be addressed with care.
What Was The Employee Trying To Do?
As mentioned previously, the focus for legal authorities while determining work-related travel injuries is to focus on the employee’s actions at the moment of the incident. Most compensation cases won by accident victims are fought on the ground of the relation with the employer business and furthering its interests. In most cases, exclusions of things like dual-purpose travel are not considered.
The Commute Exception
As per legal stipulations, workers’ compensation for injuries related to work- and work-related travel exclude the commute to and from the workplace. However, there is one crucial exception to the rule- transportation provided by employers. In such cases, clearly laid out travel accident policies have a critical role to play.
The Opinion Of The Court Matters A Lot
Work-related travel is usually something that employees are not necessarily obliged to do, but do nonetheless in the company’s best interests. This makes it tricky for employers to restrict workers’ movement and activities outside working hours while on work-related travel. Therefore, it is advisable to suggest simple parameters on the behavior businesses expect from employees while being out on such trips. This is what happened in the “Barbara Pinkus v. Hartford Casualty Insurance Co,” case. Such inability to clearly define expected travel behavior also translates into the final word regarding injury compensation to lie with the courts.
Minimize Chances Of Injuries
Company risk managers find traveling employees to be tough to negotiate as they exert influence over the work environment. Suppose one trucker checks into a motel; the risk manager can do little to ensure maximum safety of the trucker in such a situation.
However, employees can and should ensure that they minimize driving injury chances by making employees aware of such incidents’ common reasons. Another helpful thing for employers can do in this context is to define job duties clearly. It will help make workers aware when running on personal errands; it is not in the company’s best interests.
Considering the preceding steps will help businesses manage travel accidents while at work better. Employers need to adopt a humane attitude and ensure that such incidents are covered by insurance. Additionally, there needs to be adequate compensation for employees who experience such an accident while furthering company interests.
– A keen writer covering topics such as Internet Marketing, SEO, Travel, Beauty and the such. He enjoys spending time with his two kids on his past time.