GQ Corner
Q. I need some clarification on determining whether an injured worker was in the course and scope of employment.
The claimant was off duty shopping at Sports Academy. He (officer) states that while he was at the register purchasing his personal items, he witnessed a theft in progress. He noticed the store employees were following the suspect. The suspect walked out of the store with stolen merchandise. The claimant went out of the store to chase him down. He got into his car and drove around the building where he found the suspect and began chasing him on foot. The claimant advised the suspect that he is a PD officer. He held the suspect down and asked a civilian to call the cops.
As a result, the claimant suffered injury to his right knee.
A. Assuming the incident occurred within the officer’s jurisdiction (the City or County that employed him), the injury is probably compensable regardless of whether or not the claimant was on duty. Peace officers in Texas have a duty to keep the peace within their jurisdiction, and that means injuries occurring while involved in crime prevention/stopping crime are generally compensable whether the officer is on the clock or not or whether they’re moonlighting vs working their regular job. If the incident occurs outside of the claimant’s jurisdiction, however, you may have a better argument that the claim is not compensable for the City or County. It may well, however, be compensable against the State Office of Risk Management as a State employee.
Q. I have an employee who fell while walking across the classroom during a training class. She tripped over another employee’s laptop cord landing on her left knee. When she fell she dropped her phone creating a crack / hole in the phone. She is now is asking that WC pay to replace it for her. Thoughts?
A. No, that is not covered under workers’ compensation. Replacement is neither a medical expense nor an indemnity payment. It is a property loss and, as such, is not covered under the WC policy.
FOLIO
