Is this Worker's Comp?

Employee is injured while driving for coffee: Is he due worker’s compensation?


In most states, employees can earn worker’s comp coverage for injuries that occur “in the course of normal employment”. That can be a fuzzy term- you be the judge:

The Case

A plumber for a plumbing company drove to a work site, but the person he was meeting wasn’t available for 45 minutes. He decided to drive to a deli five miles away to get a cup of coffee. On the way, he was involved in a traffic accident and broke both legs. The worker’s comp carrier awarded him 100% benefits. The employer appealed, saying the accident didn’t arise “in the course of employment”. Was he due worker’s comp?

The ruling:

A state appeals court rejected the company’s argument and awarded the benefits. It said the plumber engaged in “exactly the kind of brief activity which if embarked on by an inside employee working under set time and place limitations, would be compensable”.

The lesson:

When off-site employees are injured in accidents during slight diversions (such as coffee breaks), courts will probably say they’re equivalent to an on-site worker diversions, meaning they’d be eligible for worker’s compensation benefits.

Also, notice that this said a “State” appeals court. As always, worker’s comp cases are handled by the individual state. Each state applies the law a little bit differently.

You may not know EXACTLY where your employees are at all times. However, if they are out working for you, your company will generally be held responsible for any injuries they receive. That’s why it is so important to continually communicate safety and personal responsibility to all your employees.

Bobby Bland PWCA, CIC
Commercial Risk Service