Q: Do injuries that occur while on work-related travel need to be reported?
A: Yes. For life-threatening situations, please contact 911. For incidents/injuries requiring medical attention, seek medical attention right away and, as soon as you are able, please notify:
- Your supervisor, and
- Berkeley Lab Site Operations Center (SOC) @ 510-486-6999
Q: What happens when I report an injury, including injuries while on work-related travel?
A: Health Services will provide competent, compassionate care to all LBNL employees. Health Services evaluates and manages work-related injuries and illness. Information about Worker’s Compensation can be found here. Sedgwick is Berkeley Lab’s Claims Administrator.
Q: What factors and considerations are used to determine how my injury that occurred while on work-related travel will be handled?
A: There are many factors and considerations in determining the guidance for each situation. The process will vary depending on employment status, business mission, business location, and if a vehicle was utilized.
Important factors to properly assess each situation can include:
- If the travel was related to the Lab’s mission, or a deviation for personal activities
- If the employee was traveling at the direction and interest of the employer
- Determination whether or not employee would be considered to be commuting at the time the incident occurred
- If the travel was authorized
Q: Whether we are in a government, rental or personal vehicle, my understanding is if we make stops to eat or take a break, the deviated portion of the route for that purpose is not considered work, correct? Therefore, if an accident happens it would not be considered work-related regardless of what type of vehicle it is?
A: It is going to depend. There are different “rules” for what is covered from a travel accident vs. work- related injury standpoint, so it will depend on a case-by-case basis.
From a travel accident standpoint, some deviations are considered work-related. The use of a government, rental or personal vehicle for incidental purposes during official business is permitted. This encompasses deviations to obtain meals and necessary supplies to fulfill the official business mission. Additionally, travelers are covered in the event of an accident or incident while using the vehicle for incidental purposes en route to/from official business.
However, from an OSHA Recordkeeping standpoint, refer to: OSHA 1904.5(b)(6). Some deviations considered part of scope of business/business need are handled differently than if deviations are for personal reasons. If an employee believes they have a work-related injury, and/or wish to file a Workers’ Compensation claim, they can contact Health Services. Information about Worker’s Compensation can be found here. Sedgwick is Berkeley Lab’s Claims Administrator.
Q: What is considered to be the start of the employee’s workday when traveling to the field from the employee’s home base? How is this different for vehicle vs. air travel? What is considered a “commute”?
A: There are many factors and variables that require each situation to be evaluated on a case-by-case basis. From an OSHA standpoint, what is considered commute vs. what is considered “in the interest of the employer” requires individual consideration.
Q: When driving GSA vehicles or rental vehicles, does the workday start when we leave the hotel in the morning? Or is the drive from the hotel to the field site still considered “commute” time?
A: There are many factors and variables that require each situation to be evaluated on a case-by-case basis.
From an OSHA Standard Interpretation (March 24, 2006):1904.5(b)(6) provides that injuries and illnesses that occur to an employee while on travel status are work-related if, at the time of the injury or illness, the employee was engaged in work activities “in the interest of the employer.” However, when an employee on travel status checks into a hotel, motel, or other temporary residence, he or she is considered to have established a “home-away-from-home.” In such cases, the employee’s activities must be evaluated in the same manner as an employee who leaves work and is essentially “at home.” See, 29 CFR 1904.5(b)(6)(i).
Information about Worker’s Compensation can be found here. Sedgwick is Berkeley Lab’s Claims Administrator.
Q: Is traveling from home to the airport considered a commute?
A: From an OSHA Recordkeeping standpoint injuries and illnesses that occur to an employee while on travel status are work-related if, at the time of the injury or illness, the employee was engaged in work activities “in the interest of the employer.” See, Section 1904.5(b)(6). Work-related activities begin when the employee leaves home, assuming the employee did not intend to report to his or her office prior to beginning the trip. If the employee first reports to the office, travel status begins when the employee leaves the office to begin the trip. Travel status ends once the employee returns to the point of origin of the trip. Travel for work is a work-related activity even if the travel occurs on a day the employee is not scheduled to work.
Workers Compensation: Information about Worker’s Compensation can be found here. Sedgwick is Berkeley Lab’s Claims Administrator.
Q: What are the “rules” for determining if travel associated with fieldwork is covered by Worker’s Compensation? What are the OSHA rules associated with business travel?
See response above.
Health Services evaluates work-related injuries and illnesses, and provides guidance on how to file Workers’ Comp claims for the injured workers. Information about Worker’s Compensation can be found here. Sedgwick is Berkeley Lab’s Claims Administrator.
From an OSHA standpoint, there are many factors and variables that require each situation to be evaluated on a case-by-case basis.
