Workers comp lawyer in Michigan comments on ABC News video warning of the dangers of texting while walking.
Sometimes you just have to laugh at what is considered news these days. ABC News reports on a small town that is cracking down on texting while walking. Apparently, people are incapable of texting and keeping themselves safe.
This humorous news report shows everything from a woman walking into a mall water fountain to some guy not realizing that he is about to come face to face with a loose bear. The story ends with a serious warning that 1000+ people were injured in 2008 from texting and walking.
1000 injuries per year from texting and walking pales in comparison to the number of accidental injuries in the workplace. But this got us thinking whether an injury while texting and walking would be covered under workers comp.
Here is the ABC News video for reference:
Distractions and workplace injuries in Michigan
The general rule is that a person is entitled to workers comp benefits for an injury that arises out of and in the course of employment. There are several exceptions to this rule, including going to and coming from work, getting hurt in a parking lot, and business travel.
If an injury occurs while texting and walking on the employers premises, it will most likely be compensable. Just because someone is distracted does not mean he or she loses the protection of workers comp. If the texting is for social or recreational reasons, an injury will not be covered.
Sometimes an injury that is normally excluded will be covered when a person is engaged in an activity that directly benefits his or her employer. You can make the argument that an injury outside the workplace should be covered if you are texting a customer or your boss.
Why this is no laughing matter
Employers and insurance companies always look for reasons to deny workers comp benefits. As technology in the workplace changes, we expect different kinds of work injuries and more excuses why they should not be covered.
To speak with one of our workers comp lawyers in Michigan, call (855) 221-2667 for a free consultation. There is no fee unless you recover workers comp benefits or a lump sum settlement.
– Alex Berman is the founder of Michigan Workers Comp Lawyers. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to review a case.