California Surveyors Forums

The following question was asked by a CLSA Member requesting input from the profession.

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Has anyone had experience with a workman's comp claim being denied for a traffic accident that occurred while traveling back to the office from the job. A survey crew was rear-ended on a city street at around noon. They had left the job about 20 minutes earlier and were about 5 minutes from the office having made no other stops.

There were no serious injuries but a claim was filed. It was denied stating they were not in the process of exercising their job duties (paraphrased).

Have others had an experience where traveling to or from the job in the work truck was not considered part of their job duties? In this case, the crew had not yet taken lunch, and weren't considering that they were on lunch. They were going to unload the truck when returning to the office, then take lunch.

Per the oil co safety meetings I have been in, you are on company time from the time you start work until you leave work. In the case of workers traveling from the company yard to the job site and back, that time is company time.
I seem to remember that driving the company truck to the office in the am or home after leaving the office in the pm was considered company time too.
Not sure of what would happen if you got hurt on lunch time. I would imagine if you were parked on the job site and a crane dropped a bucket on you that would fall under workmans comp.

If WC denied the claim then contact the other driver's ins company - that should get someone to decide who pays.

It's WORKERS' Comp(ensation).