Katy, TX asked in Workers' Compensation for Texas

Q: I was running an errand for my company when I was hit with a truck in a parking lot. Can I file workmans comp?

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1 Lawyer Answer
  • Workers' Compensation Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: You ask a great question concerning one of the most complex areas in workers' compensation. I would say yes! You did not indicate whether you were on a lunch break, if so that could affect my answer. When I was with the Appeals Panel as a PA/Judge we argued amongst ourselves with decisions on course and scope such as this. The conclusion we came to is that it depends. Essentially look to whether you were engaged the furtherance of the affairs or business of your employer at the time of the MVA. See APD 031900-s. I believe the "dual purpose" doctrine may apply.

As I indicated this is a complex area so other factors may come into play such as whether you were in a vehicle, if so whose and were you "on the clock". Best of luck and if you have additional questions, I would be happy to assist. Roy Warren (512) 392-5188.

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