Defenses against traveling employees' claims
While a clear deviation from employment is one defense employers can use to fight what they believe are inappropriate workers' comp claims from traveling employees, it is not the only one.
- Horseplay. "A roll in the hay may be a new take on the horseplay defense," said Cassandra Roberts senior workers' compensation partner at Young Conaway Stargatt & Taylor LLP, in Wilmington, Del.
- A forfeiture for recklessness. In Delaware, a claimant could lose out on benefits if the actions leading to the injury were done with a willful and reckless indifference to danger. "An argument can be made if you are pounding a wall [during sex] you are indifferent to the danger."
- Personal comfort doctrine. Certain acts unrelated to work are nevertheless covered under workers' comp. Falling in the bathroom, for example, or slipping outside during a smoking break. "You send me on a business trip, put me in a hotel and, basically, what I do in my bed to get me to the next morning is an act of personal comfort," Roberts said. "If that happens to include sex, so be it."
June 4, 2012
Copyright 2012© LRP Publications