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Workers' compensation is awarded to an on-call employee

Workers' compensation is generally a benefit provided for employees that experience an injury while at work. A person who encounters this kind of injury may have great confusion regarding where their benefits begin and end. Workers' compensation was awarded to an on-call employee in a recent court review of his driveway slip-and-fall injury experience.

A Wisconsin county worker was placed on-call with a work pager in the event that an after-hours situation warranted his attention and skill. The county worker received a page on a night with severely inclement weather, and was dispatched from home to attend the repairs at the local jail. The roads and driveways were coated with ice, and residents had been advised to stay off the roads and not travel for safety reasons. When he returned home, he was required to walk across his icy driveway to reach the entrance to his home. Although he used salt on the ice, the man still slipped and fell, injuring himself.

Reports state the on-call workers are paid overtime and travel expenses should they be dispatched for an emergency. Because the employee was in the process of completing a job for the employer, and was paid using his home as the point of origin to go to and from work, he was entitled to workers' compensation benefits for his injury. He pursued workers' compensation for work-related injuries, and the Wisconsin Court of Appeals granted him entitlement to compensation.

The court ruled that the employee was entitled to portal-to-portal enmity. The worker acquired his injuries while still on his journey home from the on-call job because he had not yet reached the inside of his home. A victim of work-injury in an off campus location may initially have trepidation in pursuing restitution in the event of an accident, but this story shows that workers' compensation can be awarded to many employees under various circumstances.

Source: riskandinsurance.com, Pager duty makes worker's driveway slip compensable, No author, Oct. 7, 2013

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