Filing Workers Comp Claim

Summary

In Massachusetts, the coming and going rule often exempts injuries sustained during a commute from workers compensation. However, exceptions exist. If the employee was running an errand for the employer or if the use of the car was part of the employment, it might be considered work-related. Filing a claim and having it denied could provide legal support if the employee takes legal action. Not filing a claim could result in legal risks, including potential penalties and direct compensation claims. When searching for an attorney, consider specialization in employment law, experience representing employers, positive client reviews, reasonable fees, good communication skills, and local presence. Always consult a legal professional for specific advice.

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I have an employee who works as a live in caregiver. Her client was taken to the hospital and she followed in her car. Our employee stayed until her client was seen by a physician and then called the office to give an update. We told her to collect the client's personal belongings and take them home with her and we would contact her in the morning. On her way home she was in an automobile accident and injured. Today I was contacted by her attorney to get workers compensation information. We did not file this as a workers compensation claim due to the shift ending and she was commuting home.
In Massachusetts, the "coming and going" rule often exempts injuries sustained during a commute from worker's compensation. However, exceptions exist. In this case:
- If the employee was running an errand for the employer at the time of the accident, it might be considered work-related.
- If the use of the car was part of the employment or compensated by the employer, it could be covered.
Please consult with a legal professional for specific advice.
Is there any harm in filing the claim with our workers compensation carrier and having them deny the claim
There's generally no harm in filing a claim, but consider the following:
- Your insurance rates may increase.
- It could create a record of a claim, potentially impacting future claims.
- It may lead to unnecessary administrative work.
Always consult a legal professional before proceeding.
If I do not file a claim as this incident is seen as an automobile accident during her commute home what are my risks
If you choose not to file a claim, potential risks may include:
- Possible legal action from the employee if they believe the accident is work-related.
- If later deemed work-related, you could face penalties for not reporting.
- The employee may seek compensation directly from your company.
As always, consult a legal professional for advice.
Given your responses it would seem that filing the claim and having it denied would also give legal support if employee were to take legal action
Yes, having a denied workers' compensation claim could potentially provide some defense in a legal action. However, this is a complex issue and it's highly recommended to consult with a local employment law attorney in Massachusetts for specific advice.
When searching for an attorney to represent my small business what criteria do I use in my search to ensure they represent employers
When searching for an attorney, consider these criteria:
- Specialization in employment law
- Experience representing employers
- Positive client reviews
- Reasonable fees
- Good communication skills
- Local to Massachusetts
Always have a consultation before hiring.