Whether a van full of employees heads to a jobsite or an executive boards a corporate jet, employee travel has always been a concern for workers’ compensation carriers. Travel, especially on the roads, is a dangerous situation. From an insurance company perspective, increasing the probable maximum loss by exposing several employees to the same vehicle accident is a tragedy awaiting a trigger.
So when does travel become part of employment, and therefore covered by workers’ compensation?
The commute to or from work is not part of your employment. The morning drive to the airport for a business flight is. The morning commute is if you pick up supplies, materials or make a sales call along the way.
Carpooling to work normally is not considered employment related unless sanctioned by the employer. For example, the company may pay for parking if three or more employees carpool. Or, the company provides a pool van to get employees to remote locations together. Leaving to go to lunch midday is not part of your employment unless it’s a business lunch with clients or coworkers.
Leaving on a company related errand and picking up lunch along the way is employment based travel.
Traveling in a company car or for company business during the day is covered as employment oriented travel.
For purposes of supporting the business is a good rule for whether or not travel is covered under workers’ compensation.
How about the employee who wins a trip for a sales contest or safety performance? That travel is covered, even outside the United States and Canada, under workers’ compensation. How about if the spouse travels too? The employee is still covered, but the spouse falls into a tricky area of employers’ liability.
Employers’ liability covers injuries and illness to the employee’s family due to their employment. For example, a medical worker brings Hepatitis C home to their spouse. Or, learning of the employees injury at work, the spouse suffers a heart attack.
In the case of a mutual travel accident, the grey area far outweighs the rules for employers’ liability. This scenario should be discussed with your insurance provider, perhaps their claims personnel.
