Newsletters

Dual-Purpose Travel by Employee

"Dual-purpose" travel by an employee occurs when the employee embarks on a trip on behalf of the employer that coincides with travel for the employee's benefit. In other words, the journey serves both the business purpose of the employer and the personal purpose of the employee. Characterization of the trip as business, personal, or both does not have to be made at the outset of the trip. A trip can start out as purely personal but then transform into a business endeavor.

Segregation of Damages in Third-Party Action

In some instances, the recovery resulting from a third-party action will be divided by different items making up the total recovery. For instance, a portion of the recovery could be allocated for the medical expenses paid by the employer, for the employee's pain and suffering, for the loss of consortium, and for punitive damages. When the recovery has been so segregated, the next issue is whether the claim of the employer or its workers' compensation carrier (as the subrogees) can attach to the whole recovery amount or only that portion attributable to the compensation paid.

Rescue or Emergency Activities of Employee

When an employee acts to aid a person in an emergency situation, his actions are generally considered to be within the course of employment. When the employee's rescue efforts are in the employer's interest, there is a strong likelihood that compensation for an injury incurred in such efforts will be allowed. Additionally, if the nature of his employment places him in a position where human decency requires action, an employee may recover benefits.

Post-Employment Injuries

Though it would seem to be antagonistic to the principle that an injury must arise out of the employment to be compensable, some injuries that occur post-employment are still compensable. Depending on the situation, some activities occurring post-employment are considered by the courts to be normal work activities. For example, injuries incurred while picking up a paycheck, exiting the work premises, and collecting belongings from the employer's premises have all been held to be compensable provided that such activities are undertaken within a reasonable time after the employment relationship has ended.

Implementation of Workers' Compensation Policies and Procedures

The escalation of workers' compensation claims and, by correlation, premiums, makes it vital that employers create and implement policies and procedures to effectively address disability management and comply with state and federal law. These policies and procedures should be reduced to writing for reference and to ensure their consistent application.