The underlying question is "Was the employee receiving compensation during travel?" This resulting evaluation refers to the legal decisions and court's outcomes related to travel injuries at an article over at No Worker's Comp for an Employee Injured on the Way to their Job.
There are many previous cases setting precedent for these types of accidents that involve "Traveling Employees" The post mentions several cases that include resembling remarks concerning identical incidents:
- Does the employee's job duties and responsibilities require travel?
- Does the employee's job site differ from day to day?
- Is it a stretch for the "Coming and Going Rule"?
- Does the employee have a fixed place of employment?
The final and most important question that determined the outcome of this case is "Was the employee paid for travel time?" Moving forward, the injured worker will have an even more difficult time finding a Treating Doctor or Work Comp Physician. Not all medical clinics treat for on the job injuries. Additionally, the type of doctor to seek to treat injuries and pain will be directly affected by the outcome of this case. Also, if the employee was receiving medical care from a workman's compensation physician before and during the case, he or she will have to obtain a new treating physician that is accepted by his personal healthcare plan.
The real question remains; was the injured worker receiving medical treatment until the court's judgment was declared and if so, who will be responsible for the medical bills? Will the worker's compensation insurance company file a suit against the injured employee personally for medical reimbursements? What's your thoughts? Comment below!