The police in Sharonville, Ohio have reported the death of a 35-year-old dump truck driver who was killed when he apparently lost control of his vehicle near Reed Hartman Highway. It is not known whether the accident will be considered a workplace accident for purposes of compensation under the Ohio workers’ compensation system.
Many job-related accidents occur during road travel. The roads are inherently dangerous and those who are employed in occupations that require long hours of driving are particularly vulnerable to accidents due to the amount of time they spend on the road. If the dump truck driver was working or “on the clock” at the time of his accident, there is no question that his accident will be determined to be compensable under workers’ compensation law. His immediate family members will then be entitled to receive dependent death benefits and reimbursement for funeral and medical expenses incurred as a result of the accident.
However, if the dump truck driver had finished working and was on his way home, the insurance carrier may try to dispute compensability in this case. Ohio, like most states, follows the “coming and going rule” which means that if the accident occurred outside of the normal scope of work hours, for instance when one is either traveling to or from the normal workplace, it is not compensable. However, there are certain exceptions to this general rule.
Due to the complex nature of workers’ compensation law, it is highly advisable to start the process as quickly as possible and seek any necessary advice if confronted with a tragedy such as this one.
Source: Fox19.com,” Ohio man killed in dump truck crash ” Aug. 30, 2012