Traveling Employees - When Is Workers Comp Payable

Where and employer is able to control the conditions of the workplace, such as within a manufacturing facility or an office complex, it is reasonable to burden the employer with the cost of work-related injuries. Where the employee's activities take place at other locations, far outside the control of the employer, the rule is not so strictly applied. An exception applies generally where the employee's work entails travel away from the employer's premises. Such travel is usually considered to be within the course of his or her employment continuously during the trip, except when there is a distinct departure on a personal errand. (WCxKitz)

This rule is discussed in Larson’s Workers’ Compensation Law, Chapter 25, which has been revised and updated as well. In Houck v. Tarragon Mgmt., 4 So. 3d 73 (Fla. Dist. Ct. App. 2009), one such personal departure is illustrated [See Larson’s Workers’ Compensation Law, Ch. 25, § 25.03[1] (Digest) n.7]. The employer arranged for a property manager to travel to another city to perform some training activities. (WCxKitz) She was to stay in a company-owned condominium while performing her duties. The manager was killed while crossing the street as she walked to a nightclub several days before her official duties were to begin. The court concluded that her fatal injuries were not sustained within the course and scope of the employment.

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.