Managing Employee Injuries and Disability and Occupational Safety

4. E MPLOYER C OMPENSATED T RAVEL In certain special circumstances, an employee may be found to be in the course of employment even if the injury occurred while going or coming from work. When an employer furnishes an employee with transportation to and from work, including compensating the employee for the time spent, paying for fuel or mileage, furnishing a company automobile or arranging ride sharing with pay, an injury incurred in the course of travel is likely to be held compensable. 5. R EQUIRED T RANSPORTATION When an employee is sent on an errand, given a special assignment, sent to a conference or training program, or assigned to travel as part of the job, the activity is in the course of employment. Injuries sustained in an activity which involves mixed business and pleasure is compensable if the arrangement is expressly or impliedly approved by the employer. 6. P ERSONAL A CTIVITIES An employee is not in the course of employment when engaged in activities for personal purposes, whether on or off the employer’s premises, when the activities are of no benefit to the employer. 10 However, if the employee’s activities have a dual purpose, i.e., if personal acts are combined with the business of the employer, and the business aspects are a substantial factor, the employee would be considered to be in the course of employment. a. Lunch and Coffee Breaks An injury sustained during an unpaid, off-premises lunch break while obtaining and depositing a paycheck was held to be at the employee’s convenience and was not compensable. 11 b. Before and after Work Hours An employee who sustains an injury on the employer’s premises outside of regular working hours will not be covered by workers’ compensation unless:

 The activity is within the reasonable contemplation of the employee’s assignment; and

 A benefit is derived by the employer.

Thus, in one case, an employee of a gas station returned to the work site after his normal working hours and acceded to another employee’s request that he help fix the gas pump. Injuries resulting from an explosion that occurred while repairing the pump were held to be compensable. 12 c. Unlimited Territory or Hours of Work If an employee’s duties are not to be performed on a particular job site or at specified work hours, the employee may be considered to be within the scope of employment even when not actually performing work. Examples would include: salesmen 13 (in course of employment during entire time of trip), working foreman 14 (in the course of employment when killed while

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 21