PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —C OURSE & S COPE OF E MPLOYMENT

PJC 17.6

PJC 17.6 Employee Injured While Traveling (Comment) Historically, the Texas Workers’ Compensation Act has not required that an employee be injured on the employer’s premises. See Tex. Lab. Code §401.011(12). Cases applying the Act have concluded that work-required travel may be in the course of employment, but not, as a general rule, travel between home and work. SeaBright Insurance Co. v. Lopez , 465 S.W.3d 637, 642 (Tex. 2015); Leordeanu v. American Protection Insurance Co. , 330 S.W.3d 239, 241–42 (Tex. 2010). If the employee has been injured while traveling, PJC 17.1 should be used. If the injury occurred while the employee was traveling to and from work, see the additional instruction at PJC 17.7. If the travel has both a personal and a business purpose, see PJC 17.8.

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