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?


Asked on 3/03/10, 5:12 am

2 Answers from Attorneys

James Monaghan Law Office of James V. Monaghan

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.

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Answered on 3/08/10, 5:58 am
Terrence Valko ERISA Disability Lawyer

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

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Answered on 3/08/10, 6:49 am


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