The worker was employed with Bryant Electric Inc., an electrical contractor. As he drove to his office to deliver timesheets before heading to a worksite, he was struck by an oncoming vehicle and died. So, his wife filed a workers’ compensation claim. The company’s workers’ comp employer denied the claim, so the widow initiated an appeal with the Texas Department of Insurance’s Division of Workers’ Compensation (DWC).
In Texas, workers may be compensated for injuries or death that occur during the scope of employment. According to DWC, driving to work – despite having the timesheets to deliver – was non-compensable because he was not being paid for his commute to work. He was also not directed by his employer to proceed from home to the office or to the worksite at the time of the fatal injury, and was not on a special mission from the employer. As such, the worker did not sustain his fatal injury while in the course and scope of his employment with his employer.
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