Legal Question in Workers Comp in Pennsylvania
My daughter incurred an eye injury due to a fall in her hotel room while traveling on company business - is this considered a workers comp claim?
2 Answers from Attorneys
Most likely it is work-related and therefore compensable under the Workers' Compensation Act. The question to ask is, but for business trip would she have sustained the injury? Typically, any injuries occurring on a business trip are compensable.
An eye injury occuring during a business trip would most likely be compensable by the terms of the PA Workers' Comp statute. The analysis a Judge would bring starts with whether the activity was within the course of - and arising out of - employment. Since the injury was sustained in the employer-provided hotel room, there is a high likelihood of recovery. Caution would apply if she had been on a frolic and detour or if intoxication was of record. Then there would be a chance of a meritorious defense.
Good Luck.
TV