For Attorneys- When is an injury “within the course of employment”

//For Attorneys- When is an injury “within the course of employment”

For Attorneys- When is an injury “within the course of employment”

If an injury occurs during the course of and arising out of employment, an employee in Ohio is entitled to workers compensation benefits. Ohio has a no-fault system for injuries that arise out of employment. The employee does not need to prove that the employer was negligent as long as the injury occurred during the course of employment.

A recent decision from the Third District Court of Appeals found that a car hauler that was required to be on the road five to six days a week and was required to stay in a hotel overnight for his employment was not entitled to participate in the Workers Compensation Fund when he was injured when he fell in the bathroom of his hotel. The Court of Appeals acknowledged that other court decisions have recognized a right to workers’ compensation coverage for employees injured during work-related travel required by their employers. Judge Preston noted, however, that coverage has not been extended to injuries incurred during a traveling employee’s conduct of “personal business” disconnected from his or her employment. The court determined that the requirement of staying in a hotel at the end of the day for work related travel was distinguishable from work related travel, as the fall in the restroom did not have anything to do with the employee’s work related travel. Interesting case that I am sure will result in some hot debate over where the line gets drawn for employees who have to stay away from home for work and are injured.  Here is the link to  the decision in Woodard v. Cassens Transport Co., 2012-Ohio-4015.

People interested in learning more about our firm’s legal services, including medical malpractice in Ohio, may ask questions or send us information about a particular case by phone or email. There is no charge for contacting us regarding your inquiry. A member of our medical-legal team will respond within 24 hours.

By |2019-03-18T22:02:58+00:00September 10th, 2012|For Attorneys|0 Comments

Leave A Comment

Take a look at my new profile page. You can stop by & refer new clients anytime. days
How to File a Medical Malpractice Lawsuit in Ohio weeks
How is Medical Malpractice Defined in Ohio months
Patients with rheumatoid arthritis, lupus, scleroderma, or other autoimmune diseases already have dysfunctional imm… months
Oklahoma Attorney General Mike Hunter announced a historic settlement involving Purdue Pharma LP that was set for t… months
Aneurysms are survivable with prompt medical attention. Just ask the Mother of Dragons. months
Less texting = safer roads. months
Patients can't afford their medications. months
Another jury links lymphoma to Roundup. months
Would you hop into a self-driving Uber? months
[map address="23240 Chagrin Blvd. Beachwood, OH 44122" type="roadmap" map_style="custom" overlay_color="" infobox="default" infobox_background_color="" infobox_text_color="" infobox_content="Mishkind Kulwicki Co., L.P.A." icon="//" width="100%" height="350px" zoom="12" scrollwheel="no" scale="no" zoom_pancontrol="no" popup="no" class="" id=""][/map]