Worker Awarded Compensation for Double Amputation Sustained While Assisting Accident Victim (Business Insurance)

Worker Awarded Compensation for Double Amputation Sustained While Assisting Accident Victim

Friday, May 31st, 2024 Insurance Industry Liability Litigation Workers' Compensation

A West Virginia appellate court has ruled that Tyler Carroll, a worker who required a double leg amputation after being struck by a vehicle, is entitled to workers’ compensation benefits. The incident occurred in May 2021 when Mr. Carroll, a third-year union apprentice with the Plumbers and Pipefitters Local Union #625, was on his way from Pittsburgh to Charleston for a project at a federal courthouse. While en route, he and a colleague witnessed a vehicle accident and attempted to assist the victims. During this effort, Mr. Carroll was hit by another vehicle at the scene.

Initially, a claim administrator denied Mr. Carroll’s application for workers’ compensation, arguing that his injuries occurred due to a deviation from his employment duties. This decision was first overturned by a compensation judge but later reinstated by a review board. The appellate court, however, reversed the board’s determination, citing that Mr. Carroll’s co-worker’s actions provided "implicit authorization" for Mr. Carroll’s actions, thereby bringing his efforts within the scope of employment. This implicit authorization was deemed sufficient to make Mr. Carroll’s claim compensable.


External References & Further Reading
https://www.businessinsurance.com/article/20240530/NEWS08/912364768/Worker-injured-while-helping-car-accident-victim-should-have-received-comp-Cour
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