When is a community health worker entitled to workers’ compensation for travel time?
British Columbia, Canada
The following excerpt is from WCAT-2012-00911 (Re), 2012 CanLII 54231 (BC WCAT):
WCAT-2007-03822, Khare v. Sandhu et al., concerned the status of a plaintiff who was employed as a community health worker. She was injured in a motor vehicle accident while driving to the home of her first client of the day. She was paid for her time spent in travel from her first client of the day until the last client of the day. She was not paid in relation to her travel from her home to the home of her first client of the day, nor for her travel from the last client of the day to her home. WCAT-2007-03822 reasoned: I find that the plaintiff’s travel to provide assistance to clients in their homes was a substantial aspect of her employment. As a result, she was a travelling employee, with workers’ compensation coverage in respect of her travel (including the travel between her residence and the first and last clients of the day, notwithstanding the employer’s policy of not providing payment for such travel time).
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