In a recent Kentucky Court of Appeals case, “An airport employee who sustained shoulder injuries in a car accident while traveling home from the airport, after attending a required out-of-state training session for work, fell under an exception to the “coming and going” rule and therefore was injured in the course and scope of her employment. The employee’s main place of work was the airport and the “coming and going” rule maintained that injuries sustained by workers when going to or returning from the place where they generally perform their employment are not deemed to be in a part of their employment. However, the employee fell under the exception because she was not just traveling to and from her regular place of employment but had been on a special mission for her employer.” Barry v. US Airways Group, Inc., 2009 WL 684821 (Ky.App.). She hired a Louisville car accident lawyer to assist her.
Ms. Barry was hired by US Airways in October of 2004 to work as a customer service representative at the Louisville International Airport. Her main job duties was to issue tickets, check baggage, assign seat and work the counter and gate areas. But, she was also required to attend infrequent out of state training programs. Id. Ms. Barry injured herself in December of 2006 after she attended a required 3 day computer training program in Charlotte, N.C. . On that day, she returned to the Louisville airport and after picking up her luggage and checking the schedule, Ms. Barry got into her car and left the airport. While on I-264, on her way home, Ms. Barry was involved in a Louisville car accident that caused her to sustain a torn rotator cuff and two ruptured cervical discs. Her vehicle was hit in the rear.
Ms. Barry filed for worker’s compensation but US Airways denied her claim. They claimed that her injury did not occur during the scope of her employment. The Administrative Law Judge denied her claim. Thus, with the help of her Louisville car accident lawyer, she appealed it to the Workers’ Compensation Board. That Board upheld the Administrative Law Judge’s ruling. Thus, she appealed again and this court reversed and found in her favor.
In order to be compensated for a work injury, the injury must be found to be work-related. Id. When one is injured on the work premises that is usually very easy to be determined. But, when the injury occurs while traveling to or from the work premises, that is when the “going and coming” rule comes in to place and its exceptions. One such exception is when the injury to the employee occurs when the employee is engaged in some service arising out of the employment. For example, traveling activities of employees are covered if such activities provide some service to the employer.
In this case, Ms. Barry was required to attend the training as a condition to her employment and for the benefit of her employer US Airways. Thus, her travel on that day falls under the exception to the “going and coming rule.” Id.
If you have been the subject of a Louisville car accident matter, please call and speak to a Louisville car accident lawyer at the Law Offices of Andrew S. Alitowski at 888-ASK-ANDREW (275-2637) or contact us online. We are available 24 hours a day, 7 days a week.
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