GQ Corner

Q. Claimant was putting up a tent when a gust of wind blew and the pole hit him in the mouth.  He is a marketing rep and this is his job to go around to various air and car shows and set up a tent for marketing activities. Do you think his employment places him at a greater risk of injury or denying as act of God would be valid?

A. This is almost certainly compensable.  One of the risks of his employment—based outside—is exposure to the elements (and therefore exposure to such gusts of wind.) 

Q. If an employee is driving to and from work is in an accident that occurs during that trip compensable in Texas? What if they were driving to a business meeting at an office other than their primary office that they work at? Any nuances in Texas?

A. When an employee is driving to and from work, the general rule is that it is not compensable in Texas. This is usually true even if they are in a company car. The mere allowance of a company car to let an employee travel to and from work in it does not make travel to and from work within the course and scope of employment.  To make such a trip compensable, the travel has to be an integral part of the employment. The Texas Supreme Court has held that when an employee is driving to a business meeting at an office other than their primary office that they work at, if they start from their home to the “other” location, it is not compensable. However, if from the place of employment, they set out to another meeting or another office, it is considered a special mission, and is compensable.