GQ Corner

Q. Can you direct me to the rule or statute under the Act addressing potential co-employment situations?

A. Sub-chapters F and G of the Labor Code (sections 406.121-406.126) addressing coverage of certain independent contractors, and coverage of certain building and construction workers, respectively.

Q. The claimant was injured in a motor vehicle accident that occurred while he was en route to lunch at a restaurant off premises. He was on break (off the clock) when the accident occurred. Should I dispute compensability, or does the “personal comfort and convenience” doctrine render the injury compensable?

A. These facts support a dispute of compensability. Injuries occurring on breaks for purposes such as eating lunch or using the restroom are generally covered under the “personal comfort and convenience” doctrine when they occur on the employer’s premises; however, the doctrine does not extend to off premises injuries that occur while the claimant is engaged in personal objectives. Here, you may dispute an injury arising out of and in the course and scope of employment. You may specifically maintain that the claimed injury did not originate in a risk or hazard of the employment and that the claimant was not furthering the business or affairs of the claim employer at the time of the claimed injury.