Workplace safety is a top priority among establishments regardless of industry and size. That is why business owners are required to improve work conditions and implement mitigating measures to ensure everyone on board is secured from danger. However, there is the issue of when an employee ventures outside business premises and, in one way or another, gets injured by factors, most of which lie outside your control.
Your best employee could be driving on the way to work and get involved in an accident on the freeway. It’s also important to think about what happens next if a laborer slips and falls just before entering through the doors of your establishment. In cases like these, you could risk affecting your business’s reputation, and face hefty penalties for overlooking your company’s liabilities. The guide below should help you make the right choices and address these issues.
Understanding the Scope of Workers’ Compensation
Employers are required to provide workers’ compensation as security for injuries sustained by employees in the course of fulfilling their duties. When a workplace accident occurs, workers’ compensation helps the injured employee recover financially after paying their medical bills and losing potential income as a result of their rehabilitation.
Many think that workers’ compensation only applies when an injury is sustained within business premises. However, the law isn’t limited to physical boundaries. The employee should still be compensated even when the accident happened outside the workplace, so long as it falls within the course and scope of the injured person’s employment.
Where Does Workers’ Comp Apply?
An employee doesn’t have to be physically present at the company headquarters or the production floor to file a claim. However, it pays to know where and how workers’ compensation applies under specific circumstances.
Company-Sanctioned Events and Meetings
Suppose the terms of their employment require that they attend corporate events like meetings and conferences in different areas where they can perform their official functions. In that case, they are entitled to a fair amount to cover their injuries. Employees who get injured en route to such events can also file a claim on the assumption that they traveled for the sole purpose of attending.
External Areas Still Part of the Workplace
Jurisdiction is also a crucial consideration in determining whether an employee should file a claim. Sidewalks, parking lots, and other open areas controlled by your business are where slip and fall accidents are likely to occur. When an employee gets injured outside, they are entitled to a compensation package, provided that the area is included in the building plan and maintained by your business.
On the other hand, if an employee gets hit by a negligent driver while on a crosswalk just outside the premises of your Tacoma, WA, branch, then they could get a Tacoma pedestrian accident lawyer and file a separate personal injury claim in addition to workers’ comp. This, however, will still depend on local laws.
Special Travel Orders
If you allow an employee to venture outside business premises for a special purpose, then they can file a claim if ever they get injured at some point. However, the same does not apply if the employee traveled outside to do any activity outside their official function. A good example of this is when an employee decides to visit a family friend during business hours.
Each locality has rules that govern complicated situations in which you need to draw the line between “official” and “non-official” injuries. It matters to know what to do when injuries happen to any of your employees while they are outside, regardless of whether these injuries lie within the scope of their employment.
Responding to Employee Injuries: A Quick Guide
It’s difficult enough to know that someone won’t be available for work for an extended time as a result of their injuries, but legal obligations and ethical principles should make you realize your top priority, which is to care for your employee. Keeping these steps in mind will help you do your part in supporting your employee’s well-being, no matter the nature of their injury:
1. Reach Out and Provide Assurance
If the employee has been cared for by responders on the scene, your HR representative should immediately contact them or their loved ones to gather information. Their goal here is to obtain basic details about the accident and not to verify their injuries. Tell them that the company is closely monitoring their recovery and is ready to provide help, especially if the injuries were caused during the performance of official duties.
2. Understand and Respect Recovery Timelines
Some injuries may require a long time to heal, and there are also emotional damages that may extend the timeline even further as the employee undergoes therapy. You can’t force them and their physician to shorten the recovery duration just because your workforce lacks manpower. Unless you already have a contingency plan for situations like this, you cannot force them to return under workers’ comp laws.
3. Help Them Process Their Benefits
Apart from workers’ compensation, if the injury falls within the scope of their duties, an injured employee is also entitled to paid time-off and other similar benefits under the Family and Medical Leave Act, especially if it’s a short-term disability.
Keep in mind that injuries sustained outside the scope of work, as previously mentioned, are not covered by workers’ comp, but the employee can still file a leave claim. You just have to provide the employee with a briefing of what to do, provide, and expect throughout the process.
4. Avoid Committing Wrongful Termination
Throughout the course of your injured employee’s recovery, you’re not allowed to terminate their employment if their recovery takes a long time or if you’re doing this as retaliation or as a discriminatory act. Doing so will make you, as their employer, liable for wrongful termination. However, some cases may provide a legal basis for termination, such as the need to downsize and or if the employee breached company policies while they recover.
5. Get Legal Advice
Injuries sustained outside of work premises are so complex, but it will save a great deal of time if you have a seasoned legal professional specializing in labor law on your team. You will never know if there are cases when an employee deliberately injures themselves in an attempt to commit workers’ comp fraud. With a good lawyer by your side, you will be able to see through such attempts without committing possible labor violations.
Endnote
It’s worth bearing in mind the duties and obligations you have towards your employees within and outside the work environment. Don’t assume everything’s fine if your establishment is generally compliant. You still need to prepare for when the people in your team get injured when they venture out.
