A recent workers compensation case involving a home health aide can show why workplace accidents involving driving can be tricky in Ohio. This case can also show how an Ohio BWC attorney can help you appeal your workers comp claim if it is denied. The case involved an aide who suffered injuries from a car accident while travelling to a client’s home as a passenger in a vehicle.
As a result of the crash, she suffered injuries to her neck and back. Her claim was denied when she filed for workers compensation benefits. An officer with the Ohio Industrial Commission claimed she was a fixed-situs employee. The use of this term means the officer with the commission determined her job duties took place inside the homes of her clients, not while travelling between homes.
Although her initial claim for benefits had been stonewalled under the Ohio’s coming-and-going rule, she did appeal and revive her case. There are exceptions to the coming-and-going rule. A three-judge panel revived her case and concluded they could not determine whether the health aide was a fixed-situs employee or if she was ineligible for workers comp benefits due to the coming-and-going rule. There were factors surrounding the accident that made this determination unclear, such as who owned the vehicle, how close the crash took place to the client’s home and the degree her trip was related to her employer’s business operations.
Injured in a Workplace Car Accident? Contact the Ohio BWC Attorneys at Larrimer & Larrimer, LLC
This is not the first time Ohio courts have grappled with issues surrounding home health aides or nurses and the coming-and-going rule. Whether these employees (and workers in other industries) can receive workers comp benefits depends on the circumstances of their car accidents.
Workers injured in auto accidents should consult with the Ohio BWC attorneys at Larrimer & Larrimer, LLC. You may be able to receive workers comp or other benefits. If your claim is denied, our attorneys could help you appeal.