Effective date: November 1, 2009
Application: Workers responding to emergency situations on and after the effective date.
Policy subject: Decision making - Injuries
To establish guidelines for injury claims where workers act as Good Samaritans when assisting at emergency situations.
Emergency situation for the purpose of this policy means a single occurrence resulting in (potential) serious harm to others that workers encounter in the course of employment and offer their assistance.
A truck driver is driving along his trucking route and encounters a high speed car collision. He stops and assists to extricate the occupants from the vehicle(s) but in the process suffers an injury. In this situation, the truck driver’s injuries would be compensable.
A taxi driver is travelling to pick up her next fare when she notices a man trying to lift packages out of the trunk of his car. Instead of remaining on the direct route to pick up her next fare, the taxi driver drives toward the man struggling with the packages. The taxi driver stops, exits her cab and walks toward the man to provide assistance. In the process of lifting packages out of the man’s car, the taxi driver suffers an injury. As this is not a situation where the person requiring assistance is at risk of (potential) serious harm and the taxi driver deviated from the course of employment to provide assistance, the injury is not compensable.
The Workers’ Compensation Act, 2013
Sections 2(1)(r), 20(2)(b)
(1) January 1, 2014. References updated in accordance with The Workers’ Compensation Act, 2013.
(2) 2009, new policy approved.
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