The special errand doctrine is a legal principle that allows employees to receive workers' compensation for injuries sustained while performing a specific task or duty for their employer, away from their usual workplace. This doctrine serves as an exception to the general rule that employees are not covered for injuries that occur outside of their regular work environment.
This doctrine is primarily used in workers' compensation cases. It applies when an employee is on a special errand, which can include tasks assigned by the employer that require the employee to travel away from their usual work location. Legal practitioners may encounter this principle in civil law, particularly in cases involving workplace injuries. Users can benefit from legal templates available through US Legal Forms to assist in filing claims related to this doctrine.
Here are a couple of examples of abatement:
Example 1: An employee is asked to deliver documents to a client located 30 miles from the office. While driving, they get into an accident. Under the special errand doctrine, they may be eligible for workers' compensation for their injuries.
Example 2: An employee is sent to attend a conference in another city. If they are injured while traveling to the venue, this may also fall under the special errand doctrine. (hypothetical example)
| State | Key Differences |
|---|---|
| California | Broad interpretation of special errands, covering various work-related travel. |
| Texas | More restrictive; must clearly demonstrate that the errand was for the employer's benefit. |
| New York | Similar to California, but requires a direct link between the errand and the employer's interests. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Scope of Employment | Refers to actions taken by an employee within the course of their job duties. | Special errand doctrine is a specific subset of scope of employment, focusing on travel for specific tasks. |
| Fellow Servant Rule | A legal doctrine that limits liability for injuries caused by co-workers. | Unlike the special errand doctrine, this rule does not pertain to travel or specific tasks. |
If you believe you have been injured while on a special errand for your employer, you should:
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It is a legal principle that allows employees to claim workers' compensation for injuries sustained while performing tasks for their employer away from their usual workplace.
