WORKERS' COMPENSATION INSURANCE WHILE TRAVELING FAQs

Answer: The statutory workers' compensation insurance is the only coverage for employees of the University. This insurance provides medical and indemnity (a portion of lost wages) benefits. Workers' compensation coverage is applicable to injuries that occur to an employee (can be faculty, staff, or student employees) while traveling.

The statutory workers' compensation insurance does not cover students, volunteers, or others who are not on the University payroll. There are some exceptions to this (click here for further information).

Answer: The primary "trigger" with workers' compensation to determine compensability is the nature of the incident/injury; e.g. the incident/accident is considered work-related and within the course and scope of employment. A University employee (see question #1) could be on an official business, work-related trip but conducting a task that is not considered "work-related" and incur an injury. If the task is not considered work-related, the workers' compensation coverage would not apply and benefits would be denied.

Answer: There is no specific University travel document that is required to trigger the workers' compensation insurance for employees. The completion of the University's Incident Report Form is generally used to file a claim for benefits with our insurance carrier and put the Colorado Division of Workers' Compensation on notice of a claim for benefits. In the event a work-related injury is incurred while traveling, the workers' compensation insurance claims adjuster will conduct an investigation to determine compensability. Depending upon the circumstances of the claim, the claim adjuster's investigation could require documentation regarding the justification of the attendance to the business function and necessary travel. The current Travel Authorization form could be used to provide documentation as part of the claims investigation.

Answer: With the statutory workers' compensation insurance, the coverage applies to all University employees, regardless of who is funding the travel. As long as the travel is considered approved for official University business and is directly related to their employment, the employee is covered. The workers' compensation coverage only applies to University employees who are on the University payroll. It generally does not cover volunteers or students or others who are not on the University payroll. There are some exceptions, as noted in answer #1.

Answer: The statutory workers' compensation coverage applies to all employees while they are conducting any work-related tasks. This includes not only working on-site, but also conducting work-related tasks while traveling via their personal automobile, rental car, train, bus, plane or boat. Workers' compensation also covers employees while they are conducting approved and official University business while out-of-state (see Question #9).

In the event an employee incurs an injury while traveling in their own personal vehicle, it should be noted that only the employee(s) are covered under the statutory workers' compensation insurance. Non-employee passengers in the vehicle, passengers in other vehicles that are involved in the accident, and any injured pedestrians are not covered by any University insurance policy. The employee and/or their own personal automobile insurance policy are responsible for responding to those damages. Property damage to the employee's personal automobile and/or any third-party property damage are also not covered by any University insurance policy. The employee and/or their personal automobile insurance policy are responsible for responding to those damages.

University insurance policies only provide coverage for third-party injuries and property damage when a University-owned or State-owned vehicle is in use.

Answer: The statutory workers' compensation coverage will not apply to injuries that occur as a result of a personal nature. Only if the incident occurs while conducting official University business on the trip, will the workers' compensation coverage apply. However, if the incident occurs during the personal portion of the trip, it would not. This is also the case with a deviation from the official business trip.

As an example, if the employee was traveling to Estes Park to attend a medical conference but decided to stop at Fort Collins to visit a friend and was involved in an accident while in Fort Collins, the workers' compensation claims adjuster would look at the reasonable route to Estes Park and then determine if the accident occurred while deviating from that route in order to determine compensability of the injury. The same would apply if the employee were in Estes Park attending the conference and after the conference decided to go to a bar and became intoxicated. The employee then suffered an injury because he/she fell off of the barstool. The injury would be considered non-work related and therefore not compensable, even though the conference is considered official University business. Every claim submitted by an employee for workers' compensation benefits is investigated to determine if the injury and occurrence is compensable as outlined within the Colorado Workers' Compensation Act.

Answer: No. Per Colorado Revised Statute 8-41-204, the statutory workers' compensation insurance provides coverage under Colorado jurisdiction for employees while they are involved with out-of-state travel, for University official business and away for up to six months. If an employee is planning on being away for more than six months, during a single trip, they must notify campus Risk Management to ensure coverage.

CU does maintain a foreign travel assistance program for employees while traveling outside of the United States. This coverage does not provide any life, medical, and/or indemnity benefits; however, it does provide services through a service provider selected by the insurance carrier. An international travel card that outlines services available and appropriate telephone numbers can also be obtained through the Risk Management office.

Answer: Any time a University employee is injured as a direct result of a work-related activity, they should immediately submit the Incident Report Form to Risk Management and proceed to their campus' authorized, University workers' compensation Designated Medical Provider. If they are out-of-state in travel mode, they should see the Designated Medical Provider once they return to Colorado. If the employee needs emergency medical care, they should go to the nearest emergency room and then immediately follow-up with the Designated Medical Provider once they return to Colorado.

TLL & KH/Denver/9-16-03 revised 10/02/08 DB