May 14, 2010
Did you know...?
Cell Phones, Texting Can Cause Comp, Lawsuit Dangers
Employers who allow employees to use cell phones – including hands-free phones – while driving on company business are risking not only workers’ compensation claims but also liability lawsuits from anyone injured by those employees, experts warn.
A new “white paper” from the National Safety Council says that driving while talking on cell phones – hand-held or hands-free – increases the risk of crashes resulting in property damage or injury 400% or more, to the level of drunk driving. The paper reports that in 2008, 28% of all crashes were attributable to cell phones, resulting in 1.6 million crashes and 645,000 injuries. Another “distracted driving” risk is texting. Currently, 24 states have banned the activity.
There is significant danger to an employer if an employee is involved in an accident while using a cell phone or texting if the communication is related to the employer’s business or the employee’s job. Intentionally taking your focus and attention off the road substantially increases the risk of hurting or even killing someone. This is not mere negligence; it is gross negligence. Although negligence typically isn’t an issue in a workers’ compensation claim, employers are “still vicariously liable for the negligent acts of their employees.”
Employers should have policies banning – or strictly limiting – cell phone use by employees who drive as part of their jobs or duties. Phones should be hands-free models and their use restricted to “absolutely critical” situations. The policy on cell phone use needs to be in writing and signed by the employee. The liability issue can be more important than the workers’ compensation issue. Workers, even if they violate safety rules, are likely to get workers’ compensation. But they’re also exposing themselves, their passengers, pedestrians and other drivers to being killed or paralyzed, as well as creating potential liability for their employers.
National Council on Compensation Insurance (NCCI) states that cell phone use and texting are the latest examples of dangerous distracted driving behavior. The National Safety Council estimates 25 percent of all crashes in 2008 involved talking on cell phones – accounting for 1.4 million crashes and 645,000 injuries. NCCI hasn’t looked at the effects of texting yet “because we don’t have that information,” but has looked at the role of “distracters" in traffic accidents, which can lead to workers' compensations or liability claims or both. Those distracters can include reaching for a tissue when about to sneeze, grabbing for a slipping cup of coffee, glancing at a billboard, changing a radio channel or CD track, or talking – or arguing – with a passenger.
Employers can impose rules aimed at discouraging such risky behavior, such as requiring employees to pull to the side of the road to text or call. “Common sense” and staying alert and concentrating on driving, remain the best preventive measures.
To read the National Safety Council paper, go to
http://www.txdrivingconcern.org/images/uploads/TxDOT_Dstrct_Drvng_White_Paper_Fnl_2.pdf.
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