In July of 2008, the Court of Appeals in Ohio heard a case that involved a motorcycle accident where the driver of the motorcycle crashed and was subsequently killed. (See Keating v. Classic East, Inc., 2008 WL 2875715 (Ohio App. 11 Dist.)).
In Keating, the Plaintiff was riding a motorcycle at work when he lost control and crashed into a garage on his employer’s property. The motorcycle accident occurred in May of 2006. The place where Plaintiff worked was an automobile dealership but had gotten this motorcycle in a trade. A few days before the accident, Plaintiff’s manager told him not to ride the motorcycle and to stay off it. Then, two days later, Plaintiff rode the motorcycle and crashed and killed himself. Thus, the question is, would the Court allow Plaintiff’s estate to receive workers’ compensation or not? Read further to see what a Louisville motorcycle accident lawyer would do.
Plaintiff’s estate filed a worker’s compensation claim which was disallowed because the injury occurred when the claimant deviated from his employment. Id. The hearing officer said that the claimant was engaged in horseplay when he sustained his injuries in his motorcycle accident. To qualify for worker’s compensation, an employee must have suffered an injury in the course of, and arising out of, his or her employment. Id.
The Court upheld the workers’ compensation claim’s hearing officer’s determination that at the time of the motorcycle accident, the claimant was not working but was acting independently for his own ostensible amusement and thus his motorcycle accident death, though tragic, did not qualify for workers’ compensation because it occurred outside the scope of his employment.
Thus, in this motorcycle accident case, a Louisville motorcycle accident lawyer could help you read and understand your motorcycle policy so that you and your family would understand who was covered by the motorcycle insurance policy and who was not.
If you have been the subject of a Louisville motorcycle accident, please call and speak to a Louisville motorcycle 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.
If you are injured…Ask Andrew!!!