What Is The Difference Between A Detour And A Frolic In The Coming And Going Rule In My Workers’ Compensation Case?
Frolic and Detour describe actions taken by an employee that may fall outside of the scope of employment. A detour is considered a minor departure from an employee’s work duties but is still technically acting within the scope of employment. A frolic is considered a major departure from the scope of employment and is an action that was undertaken only for the employee’s own benefit.
What Is The Coming And Going Rule Of Workers’ Compensation?
The Coming and Going Rule states that if an employee is in the process of going to or coming home from work, then he is not considered to be in the course of employment. Therefore, any injury that is incurred while going to or coming home from work will not be covered by workers’ compensation. Exceptions may exist in cases where the employer pays for the transportation or for the worker’s commute time, or where the employee is completing a task for the employer on their trip. There could also be an exception if the route to work is exclusively maintained or owned by the employer.
What Is Covered Under Workers’ Compensation When Employees Are Required To Travel For Work And Stay In Hotels?
Typically, injuries during a work trip are covered if the injury occurred while the employee was performing a work-related activity. If the employee decides to add an extra day to the end of their trip for personal recreational purposes and is injured during that extension, the injury would likely not be compensable. By contacting a California workers’ compensation lawyer, the employee may be able to better navigate whether or not they have a workers’ compensation claim relating to a business trip.
The length of a stay during work-related travel doesn’t necessarily affect the viability of a claim, although a long trip might expand the activities considered reasonable. Reasonable workers’ compensation claims during an extended business trip generally include any activity that could be reasonably anticipated during the trip, even if the employee wasn’t technically in the scope of their work at that moment.
Some employees travel as part of their regular workday. It can be expected, in such cases, that an accident or injury will occasionally occur. A traveling nurse who travels to and from patients’ homes would be eligible for workers’ compensation benefits, if she was injured while driving between two clients’ homes. She may not be covered, however, when traveling from her own home to her first client’s home, as this would be considered her commute to work.
What Is Horseplay Or Recreational Play As Defined By Workers’ Compensation Law?
Horseplay or recreational play is any type of rough, rowdy, inappropriate play that occurs in the workplace, including games, pranks, or practical jokes. Horseplay or recreational play can include activities such as jokes that include physical contact of any kind, playing, racing, grabbing, pushing foolish or improper equipment operation, applying peer pressure for other employees to participate in unsafe acts, and conducting unauthorized contests.
A fairly common example of recreational play at work would be two employees deciding to bring in a football from one of their homes in order to play catch with it whenever the flow of business is slow during their shared work shift. If one of those employees is jogging to catch the ball and ends up tripping over a box, falling, and injuring himself, that injury is not going to not be covered by workers’ compensation. Accidents that stem from horseplay or recreational play are considered to be intentional acts, rather than accidental. They are also not considered to be within the scope of employment and are therefore not covered by a workers’ compensation insurance policy.
If An Employee Is Injured By Horseplay From Someone Else, Would This Be Covered Under Workers’ Compensation Law?
If an employee is injured by horseplay in the workplace that he or she is not actively engaged in, he or she will be covered by workers’ compensation. For example, if two employees are playing by foolishly operating power tools and one of those employees loses control of a tool and injures you with it, your injury will be covered by workers’ compensation. If the employee who injured you also injures himself with the tool during the same incident, his injuries will not be covered, since he was engaged in the intentional act of horseplay, which does not fall under the scope of employment.
It is very important to avoid becoming a participant in any type of play in the workplace, if you are concerned about your injuries being covered by workers’ compensation. This can include racing, physical contents or competitions, games, practical jokes, pranks, and the misuse of any type of equipment, from vehicles to office chairs. Injuries received by employees engaged in horseplay or recreational play will not be covered by workers’ compensation insurance, which means you will be responsible for paying all of your associated medical bills and will not be compensated for lost wages resulting from the injury.
For more information on The Coming And Going Rule In My Workers’ Compensation Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (818) 937-9255 today. KCNS Law Group LLP is here to protect your rights.
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