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I don't think so. State law defines what a compensable injury is for the
purposes of workers' compensation. Workers' compensation insurance policies must hew to that statutory line. In twenty-eight years of practice, I have not seen any state laws which bar compensation for the use of any particular mode of transportation, so long as the use of the transportation "arises out of" and is "in the course of" the employee's employment. I have personally defended an employer and insurer where the employee died as a result of the crash of a helicopter he owned and operated. There was no question of compensability or coverage. If you change the statement from workers' compensation to CGL, you may be right-- without the appropriate rider. I fly in my current employment to get to and from hearings. The firm I was with previously was very much against my use of an airplane while on firm business. My new firm has no reservations which have been expressed to me. I can handle hearings in opposite corners of the state, a feat impossible without flying. Is my company misguided or do they really have some liability if I use my airplane instead of my car for regional travel? What's the difference between me crashing my airplane into a school (their example) or plowing my car into the same school's bus stop? Steve CP - ASEL/IA PA28-151 N43291 There are MANY workers' compensation policies that specifically ban covered employees from flying in non-commercial aircraft. |
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