Virginia was seriously injured as a passenger when the vehicle she was in struck a 400-pound wild hog. The injury resulted in the use of a back brace for 90 days following her release from the hospital. She filed a workers compensation claim with her employer, Pearl River Resort (PRR) and its carrier denied coverage.

Virginia worked out of her home as an "off-property director of player development" whose responsibility was to gather information on gaming centers. She argued that the accident occurred while she was performing her duties as such. PRR argued that her visit to a casino at 4:00 AM with her sister was pleasure travel and was not business related. The Workers Compensation Commission agreed with Virginia and PRR appealed.

Click here to see how the appellate court ruled.

Any coverage available to Virginia is from the Workers Compensation Policy Part One. Whether or not Virginia's loss is actually covered is not defined within the policy though. Part One of the policy explains that payment is based on the workers compensation law of the applicable state. This means that the decision reached in this particular case might not apply to a case in another state because of differences in their workers compensation laws.

Click here to review the PF&M analysis of the Workers Compensation Policy.

Virginia's job required a very flexible schedule so PRR allowed her to work from home and to set her own schedule. This worked well for everyone until this argument occurred. Many other employers are also finding that the traditional "8-5 work from the office" approach doesn't work for their employees and, likewise, their customers.

Click here for a recent Rough Notes article about how working from home can be a perfect solution.

Working from home is becoming more common. When such work is on behalf of an employer, that employer's insurance will provide needed workers compensation and general liability coverage. However, what if there is no employer-employee relationship? An independent contractor working out of his or her home has a number of exposures that are probably not covered under a homeowners policy.

Click below for PF&M articles that can help develop the business exposure and explain coverage that is available.

Home-based Business Questionnaire
Home-based Business Considerations
HO 07 01-Home Business Coverage