Tennessee Q&A Board

Q&A Log - Tennessee

Worker ' s Compensation

Break's Toe While Traveling to Work From Temp Housing
Question: Contract employee, going to work from temp housing close to work and breaks toe. Employer does not pay directly for housing, provides a per diem for employee to find and self pay. Location of injury unk; not clear yet if at temp home or once arrived at jobsite. Is it compensable?   -Sandrine 2/19/21

Answers: 

1. There are a lot of potential factors in this example that are unclear and could change the outcome of the case. Generally speaking though, it sounds as though this case falls under the "Going and coming rule" which denies worker's compensation benefits to an employee who has been injured while commuting to or from work. The temporary housing issue can complicate things, but since it is covered with a per diem (allowing the employee to stay where they choose), is probably going to be a non-factor. The location of the injury matters immensely in this case. If the injury occurs on site, than it will likely be compensable, but as it stands, with the location unknown, it would likely fall into the exemptions created by the "going and coming rule." -McKell S. 2/20/21

 

2. Ohhh, this is a tricky one. Also, really interesting that it is a real case. Sending love and light to that poor soul in Tennessee with a broken toe in the winter.... Recordable, probably with benefit of the doubt clause. Compensable, is less likely. I know it’s anecdotal, but it seems like an insurance company to going to point out the injury location unknown pretty hardcore. Likely they would delay confirming a decision at least. -Nate M. 2/20/21

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