Employee use of cell phones while driving is a ticking time bomb for employers. Not only does such behavior expose companies to the risk of being sued by third-parties — but it also leaves them (and their insurance companies) footing the bill for workers compensation claims when employees sustain injuries in on-the-job distracted driving crashes.
Watch this eye-opening video interview to see John Gelman, an expert trial attorney explain:
- Why workers’ comp liability and expense skyrockets when companies permit employees to use cell phones while driving for work.
- How the “no-fault” workers’ comp system leaves employers holding the bag even if an employee injures him or herself doing something he or she shouldn’t – like texting while driving.
- How the regulatory tides are changing, shifting how distracte driving claims may be covered in the future, and why employers should NOT assume that their insurance carriers will pony up when the workers’ comp bill comes due.
Employers, take note: Mr. Gelman is emphatically clear that employers MUST bear the burden for the costs of employee distracted driving on-the-job. “[So] if there is cell phone use by the employee, and that causes an accident, the employer is going to be liable for workers’ compensation.”



I simply can not understand as to why it is still legal to drive and use a mobile (cell) phone in America.
Here in Australia it has been illegal to drive and use a mobile (cell) phone for any purpose for a very long time.
The only way to use a mobile (cell) phone whilst driving is via a blue tooth head set, to answer a call.
It is against the Australian National Road Law to make a phone call whilst driving.
To make a call, the driver must pull over to the side of the road, dial the number and then can return to the road .
As to how anyone can write or read a text message whilst driving is beyond me.
No message, no phone call is worth putting life of self or others at risk.
Hi Rosemary,
I totally agree with you that no message is worth risking your own or someone else’s life.
Part of the reason that cell phone use laws aren’t uniform here in the U.S. is because of the way government is structured -states have a lot of autonomy about what happens on their roads. For example, although the drinking age is universally 18 – it’s due to individual state laws, not a single federal (national) statute. There is legislation in the works in Congress, however, that could create restrictions on cell phone use while driving.
Eleanor Jones
eleanorj@zoomsafer.com
Thanks for the share!
Nancy.R