Just Passing Through, But Am I Covered?

Is an employee who is injured while driving a truck through the State of Connecticut covered under the Connecticut Workers’ Compensation Act? It depends.

Example: An out-of-state resident who is employed by a Arkansas trucking firm is injured while driving his truck through the State of Connecticut. He is making a delivery to a national hardware store which has locations throughout the State of Connecticut. His delivery route is from Virginia through Maine. He spends approximately one day a week in the State of Connecticut making deliveries.

In that illustration, Connecticut does not have jurisdiction. In order for Connecticut to have jurisdiction under Connecticut General Statutes §31-275(9)(vi) the employer must have a facility in the State of Connecticut at which the employee spends at least 50% of his employment time, or in the alternative, the employee works for an employer pursuant to an employment contract to be performed primarily in this state, in order for Connecticut to jurisdiction over this employee. Otherwise, he is not defined as an employee in Connecticut.

If the employer had a hub facility in which the employee was loaded with materials in Connecticut, or if the employee spent 2½ days per week or more delivering his materials in Connecticut, then arguably, Connecticut would have jurisdiction over this employee and employer.

So if you are injured on the job while passing through Connecticut, you should consult with competent legal counsel for a fact specific determination as to whether you are considered an “employee” under the Connecticut Workers’ Compensation Act.

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