On-The Job Injuries Within The Course & Scope Of Employment – An Expanded View

Recently, we represented a gymnastics instructor in a contested workers compensation claim. The client was expected to attend and supervise gymnastics meets around the city as a part of her job duties even though she was not paid to do so. One evening while on her way home from such an event, she was seriously injured in an automobile accident. The employer/insurer took the position that she was “off the clock” and not in the course and scope of her employment from the time she left the event. Fortunately, the State Board of Workers Compensation did not agree and she was awarded benefits. This case made us think about the changing employment landscape. In the past, employers whose employees clocked in and out at work could be assured that when the employees left the job site they would be free from any obligation to their employees until the start of the next work day. However, recent technological advances and the concept of “telecommuting” have expanded the workplace into the employee’s home and personal life. The development of PDA’s, cell phones and email allows employers to stay in contact with their employees after the work day is over. Accordingly, some employers now expect employees to perform work related tasks even when they are “off the clock”. Technology has effectively turned some employees into 24/7 workers. This could be potentially good evidence for Georgia injury lawyers to develop in future workers compensation cases with some workers.
If you or someone you care about have sustained a work related injury, call the Georgia injury lawyers at Finch McCranie, LLP for a free consultation.