The state Court of Appeals ruled that he was eligible for workers’ compensation because he had already put on all of his personal protective gear and was walking from the main gate to the work trailer where the time clock was located.
Nabors’ employer Continental Construction tried to argue that Nabors was not performing any job related functions when he was injured and should not be covered under the “coming and going” rule for workers comp.
All Continental Construction workers are require to wear personal protective gear while at work and therefore the Court of Appeals ruled that these actions are what workers must do before clocking in, and that wearing PPE gear is beneficial to the company.
They key to the ruling is to find out whether the actions taken place are of benefit to the employer. Because workers must wear PPE gear to protect themselves from injury and to prevent more workers compensation cases Nabors was in the scope of his employment even though he had not clocked into work yet.