Private Employers’ Workers’ Compensation Liability For On-call Employees

If an employee is injured while they are on call for their job, they may be entitled to workers’ compensation benefits. However, there are certain situations where an employer may not be liable for the employee’s injury, such as if the injury occurs while the employee is not working. It’s important for employees to understand their rights and for employers to follow the laws regarding workers’ compensation. This article talks about whether on-call employees are covered by workers’ compensation laws. It explains that just being on call doesn’t automatically mean an employer is responsible for an employee’s injury. The article also mentions that there are special rules for on-call employees who are injured while doing recreational or social activities. It’s important to understand these rules to know if an injury is covered by workers’ compensation. The Going or Coming Rule says that if an employee is injured while going to or coming from work, the employer is usually not responsible. However, there are exceptions, such as if the employee is running a business errand or is on call at certain times. Law enforcement officers are also an exception because they are always on duty. In one case, a police officer was injured while off duty, but the court still held the city responsible because the officer was always on call and had to prioritize official duties over personal life. This same reasoning could apply to private employees as well. If an employee is on call and gets hurt while getting out of the shower to answer a work call, they could qualify for workers’ compensation. This is because the employer’s sudden request to come to work caused the injury. It’s similar to a rule for residential employees who live on the employer’s premises – they may also qualify for workers’ compensation if they’re injured while not doing something purely personal. If an employee is injured while living on their employer’s premises or while doing something related to their job, they can usually get workers’ compensation. But if they’re injured while just walking around the grounds for their own reasons, they might not be eligible for workers’ compensation unless the employer is at fault. The outcome depends on the specific circumstances and the laws in that area. Employers are generally not responsible for on-call employees’ injuries, but there are exceptions. If an employee is doing both work-related and personal tasks at the same time, the employer could be liable for any injuries that occur. It’s best for employers to have employees sign an agreement outlining their on-call status and the employer’s liabilities. Because this issue isn’t fully addressed in the law, employers should have workers’ compensation insurance to cover any potential liability. This article briefly talks about workers’ compensation laws and how they relate to different situations. It mentions things like exclusions for employees who cause their own injury or are intoxicated, and exceptions for injuries that happen while traveling for work. It also explains that injuries from recreational activities or while going to or from work may not be covered. It’s just a general overview of the topic. This passage discusses the potential liability of employers if their employees are involved in accidents or injuries while on the job. It also mentions different court cases and laws that may apply to these situations. The author, Laurie S. Moss, has been a practicing lawyer since 1992. This information was submitted on behalf of the Workers’ Compensation Section.

Source: https://www.floridabar.org/the-florida-bar-journal/private-employers-workers-compensation-liability-for-on-call-employees/