However, there are exceptions to this rule, and the facts of each case must be examined very carefully. As traveling employees, they are considered to be within the scope of their employment as long as they do not abandon the employer s interest. Each state also has applicable statutes of limitation. Employers must be knowledgeable with regard to these statutes in order to eliminate any precluded claims. Finally, states also require that notice be given to the employer.
Most states require an employee to notify an employer when a work injury occurs.
If an employee is injured within the scope of employment and has filed his action timely, he still must prove medically that the injury was caused by work. In some jurisdictions a medical report is all that is required, while in other jurisdictions testimony from the physician is required. This is another area where employers must be careful with regard to workers compensation claims. Each medical opinion must be vigorously reviewed. If the medical opinion is not based on scientific evidence or testing and is unsupported by the facts of the case, employers must contest that medical opinion by having the claimant examined by their own medical experts and by having the tests examined by their experts.