Woman Uses Personal Cell Phone and Gets Workers Comp

By Peter DePaolis

What some might call distracted driving, the Court of Appeals of Virginia called a valid workers’ compensation claim. As reported at businessinsurance.com, a Virginia hospice nurse glanced at her cell phone while driving. While looking at her phone, she lost control of her vehicle and hit an embankment. She suffered injuries in the wreck, and her employer argued that her injury did not arise from her employment. The appellate court ruled that she was hurt on the job and upheld her workers’ comp award.

The woman was on call for her job when the accident occurred. Her employer provided her with a pager, but the pager was not working so she used her personal cell phone as a way for her employer to call her. She was also driving her personal vehicle where she stored work supplies and used them routinely to visit patients. Her cell phone rang and she glanced down to see if her employer was calling, and that is when the accident occurred.

The court found that the above facts were sufficient for her injuries to arise from her employment.

Does your employer routinely contact you through your personal cell phone? Contact our dedicated team of attorneys today.

Koonz McKenney Johnson & DePaolis LLP

Maryland, Washington, D.C., and Virginia Injury Attorneys

Approved by attorney Thomas McWeeny

About the Author
Peter DePaolis joined the firm in 1980 and has since represented a large number of individuals involved in automobile collisions, truck accidents, bus crashes, defective products, and medical malpractice cases. A significant portion of Mr. DePaolis’ practice is devoted to working on behalf of people suffering from asbestosis, mesothelioma, and other asbestos-related cancers. He has led his firm’s fight against the asbestos industry and has recovered over $30 million in damages for asbestos victims and their families.