What if you are injured doing something work-related but not on your employer’s premises?
Many jobs require an employee to leave the premises for work-related tasks from time to time, whether it is to meet a client, make a deposit at the bank, or pick up supplies. If you are injured while performing a task for your employer, what can you do?
The Oklahoma Supreme Court made clear in Stroud Hospital v. Mooney that an injury is compensable under the Workers’ Compensation Act if it arises out of and occurs in the course of employment. This is a fact-specific, case-by-case determination made by the Workers Compensation Court. In another example, in City of Edmond v. Monday, the Court found that the claimant was checking the employer's mail, fell and broke her hip crossing the street. Because she was going about her employer’s business, she was entitled to workers’ compensation.
Generally, injuries sustained while a worker is traveling to and from an employer’s premises are not covered since this time is not considered part of the work day. However, the court has outlined several exceptions to this rule:
If the employer furnishes the transportation or pays travel expenses
If the employee is assigned a special task outside regular working hours
If the injury occurs on premises owned or controlled by the employer
If the employee, on his way to or from work, is still charged with some duty in connection with employment
The special task exception is an important one. It encompasses the types of errands employees commonly run for their employers. A plaintiff must prove that the employer’s work was being done while the injury occurred to receive workers’ compensation.
If you or a loved one was injured doing a work-related task, experienced Oklahoma workers’ compensation attorneys can help you fight for the compensation you deserve.
Posted in Workers Compensation
Tagged off-premises injuries, workers, workers comp attorney, workplace injuries