Business law question - workers compensation?
Miller Power Company is subject to mandatory workers'compensation laws in the states in which it does business. Kelly and Mike work for Miller as part of a crew that travels to remote locations to repair downed power lines and other damaged equipment. At a distant site, Kelly is injured in an accident that is entirely Mike's fault. Kelly files a claim for workers comp. Should the claim be granted? What would be Miller's best defense against it?
Answers:
The Claim should be admitted by the employer and the workers' compensation insurance company.
Kelly should be able to file a claim because he was working within the course and scope of his employment, which includes traveling to the site for work purposes.
Even though it was entirely Mike's fault, Mike is employed by Miller. Since Mike was traveling to a job site to work on a Miller project and caused the accident (vague facts), Miller would still be responsible for compensating Kelly for his work-related injuries.
However, Kelly may be able to sue Mike and Miller in a 3rd Party Civil claim, as well.
Miller's best defense would be that Mike and Kelly had deviated from the trip to the site, for their own non-work related purposes, such as going to a strip joint and getting drunk. However, in some jurisdictions there is a "traveling" rule, in which deviation from the path to the work site are still covered under the workers' comp AOE/COE rule.
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