November 11, 2011
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Question
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Ken
In regard to your answer about providing panic buttons to employees coming into work. Aren't employees covered by workers comp on the way to and from work? I have an employee who was injured on his way home from work when he ruptured his Achilles tendon. Surgery, rehab and 14 weeks out of work.
My workers comp carrier covered the claim. Was I just lucky??
Joel Kent
FBN
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Answer
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I am not a Workers Comp specialist but I believe employees are not covered by Workers Comp while commuting to or from work.
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Comment
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Hi Ken
The questions should not be if he needs to have them sign a piece of paper. The question is how am I going to protect my employees. What good is a panic button going to do? How soon are the cops going to respond? It only provides a false sense of security. The device that you are looking for is called a firearm. If you want to help your employees then spend the money and get them enrolled in a firearms safety course and then have them get a concealed weapons permit.
Either that or totally fence in the property with guards.
Mike Stachnik
the Alarm Company of Telluride
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Question
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Ken
I was reading your E-mail Newsletter and you brought up an interesting point about Worker's Comp coverage, when an employee is traveling to and from work. We allow a couple of our technicians to drive the Company vehicles home, daily. Each employee is not considered to be on-the-clock until they enter our building or arrive on the job site. The same goes for when they clock out; their shift ends when they leave the job site. If our employees were to get injured during their travel to and from work, would that be covered by Worker's Comp? Also, what type of written agreement should we have between the Company and the technician that drives a Company vehicle home?
Nicole Cooper
SecureTech Security, Inc.
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Answer
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As noted above, commuting time is not considered work time, and therefore an injury suffered while commuting is not covered by Workers Comp [any lawyers out there who disagree - or agree?].
You provide a vehicle to your employee which can be used to commute. Presumably there is some advantage to you as the employer to provide the vehicle. However, if the injury is during the commute home, I think the auto policy will cover injury, not Workers Comp. For example, the employee is driving, or in passenger seat with another employee; clearly commuting and not going to or from a job to another job; employee is slicing an apple and slices off his finger. If that happened in the office kitchen, Workers Comp would cover; in the car commuting, I don't think so. Injured in a car accident? Auto policy covers, not Workers Comp.
You should have Employment Contract with every employee, and if use of a vehicle is provided then you cover that in the Contract.