• Skip to main content
  • Skip to header right navigation
  • Skip to site footer

Call Now (205) 930-6900

The Nomberg Law Firm

The Nomberg Law Firm

Birmingham Workers' Compensation & Personal Injury Lawyers

  • Attorneys
  • Bankruptcy
  • Employment Law
    • Wage and Hour
    • Wrongful Termination
  • SSD
  • Workers’ Comp
  • Personal Injury
    • Truck Accident
    • Car Accident
    • Construction Accident
    • Slip And Fall
    • Spinal Injury
    • Wrongful Death
    • Olin Plant Asbestos Exposure
  • Resources
    • Videos
    • Blog
    • Accident & Injury Guide
    • Attorney Referral
    • Public Speaking & CLE
  • Testimonials
  • Contact

Traveling Employees, Personal Errands And Workers’ Compensation Benefits In The Wake Of Hospice Family Care V. Allen, No. 2140861 (Ala. Civ. App. June 10, 2016)

Injury Attorneys (Home) / Blog / Workers’ Compensation / Traveling Employees, Personal Errands And Workers’ Compensation Benefits In The Wake Of Hospice Family Care V. Allen, No. 2140861 (Ala. Civ. App. June 10, 2016)

by David P. Nomberg, Partner, The Nomberg Law Firm

With the recent Alabama Court of Civil Appeals decision of Hospice Family Care v. Allen, employees who are injured during the course of running personal errands may still be able to recover workers’ compensation benefits.

In Allen, an employee was frequently traveling as part of her employment. One afternoon, the employee was traveling home to finish completing tasks for her employer when she briefly stopped at the pharmacy to pick up personal items. When the employee left the pharmacy and proceeded towards her house, she was struck by another vehicle and killed on impact. The employee’s husband brought suit against her employer for workers’ compensation benefits. The employer alleged that because the employee had stopped for a personal errand, workers’ compensation did not apply.

In this particular case, it was also important to note that the personal errand had been completed and the employee had commenced the journey home. Testimony indicated that this employee frequently worked from home in order to complete tasks for her employer and that her employer encouraged her to do so.

What Allen tells us is that a traveling employee injured after running a brief personal errand can still recover workers’ compensation benefits where the daily duties of their employment have yet to be completed. The employee must completely abandon their employment for personal reasons in order to be disqualified from workers’ compensation benefits.

Injuries, Work And Betting – Any Compensation?

Injuries, Work And Betting – Any Compensation?

Many are concerned that legalized sports betting will cause pockets to empty quicker along with ruining the integrity of college sports. However, what many have failed to think about is the possible legal implications to consider that could arise with sports gambling.

Learn More

An essential factor, according to Justice Moore in his concurring opinion, is the inherent risk that is placed on employees who are required to travel frequently. Companies that require their employees to frequent the interstate highways place their employees at a greater risk of injury or death. Essentially, it is an occupational hazard for an employee who frequently travels by car to perform their job duties. Because of this greater risk and occupational hazard that the employer places on their traveling employees, the employer should be liable for any resulting injury, disability or death. This is based on the premise that the employer receives a benefit from the travel, especially where the employee uses their own vehicle, therefore the employer should be responsible when an injury occurs as a result of that travel.

This case proves to be important for any employees injured while traveling for their employer and equally important for those traveling employees who may need to make a quick stop at the pharmacy in the middle of their daily duties.

We have handled cases very similar to the Allen case. In these similar cases, not only have we been able to help our clients receive workers’ compensation benefits, but we also help our clients with their third party auto collision case against the other driver that caused our client’s injuries. If you have been injured in an auto collision while working, contact the attorneys at the Nomberg Law Firm today to discuss your rights and benefits. (205) 930-6900 or nomberglaw.com

David P. Nomberg has represented injured Alabama workers for 13 years. David has earned an AV Preeminent rating from Martindale-Hubbell’s peer-review rating in civil practice, personal injury and workers’ compensation. He has been selected a Super Lawyer by Super Lawyers Magazine as well as a Top Rated Attorney by B-Metro Magazine.

Category: Workers’ CompensationTag: Alabama, Alabama Court of Civil Appeals, auto collision, benefits, employees, employment, errands, traveling, workers' compensation

Sidebar

Categories

Recent Posts

  • The DOJ Provides New Guidance To Allow Student Loans
    To Be Discharged in Bankruptcy
  • What Debts Am I Not Able To Discharge Simply by Filing Bankruptcy?
  • The Slap Seen Around the World—Does Chris Rock Have a Workers’ Comp Claim?
  • What Happens After My Workers’ Compensation Claim Has Been Resolved?
  • Workers’ Compensation Claims in the Metaverse Workplace

Search

Always get the best legal advice.
Hire us today, and you’ll be in good hands.

Schedule a Consultation


About Us

The Nomberg Law Firm of Birmingham, Alabama practices: Workers’ compensation, personal injury, automobile accidents, car accidents, Social Security Disability claims, workplace accidents, workman’s comp, on-the-job accidents, and bankruptcy law matters.

BBB Accredited Business

The Nomberg Law Firm: Alabama Enjuris Partner Attorney

Practice Areas

  • Workers’ Compensation
  • Wage And Hour
  • Wrongful Termination
  • Social Security Disability
  • Wrongful Death
  • Bankruptcy
  • Car Accidents
  • 18-Wheeler Accidents
  • Personal Injury
  • Slip And Fall
  • Employment
  • Construction Accidents
  • Spinal Injury

Location

The Nomberg Law Firm
3940 Montclair Rd
Suite 401
Birmingham, AL 35213
(205) 930-6900

  • Facebook
  • Twitter
  • Youtube
  • LinkedIn
  • Apple

Copyright © 2023 • The Nomberg Law Firm • All Rights Reserved • Privacy Policy • Website design and SEO optimization by SEOAdvantage.com

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Read Disclaimer »