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Hurt on the Way to Work? Know Your Worker’s Compensation Rights

Walker 5 months ago

In the USA, commuting is a reality. Whether it’s a car crash, a slip, and fall on the subway, or a pedestrian injury a few streets from the office, injured workers naturally want to know if workers’ compensation covers their injuries during a commute.

The common response is “No.” No, your job responsibilities do not include your commute; it is your own time.” One could argue exactly how the “commute” is defined for workers’ comp purposes. Workers’ comp covers injuries in the workplace parking lot, but an injury in the street outside the lot typically is not covered. There are some exceptions, nevertheless, particularly for employees whose job responsibilities extend outside the workplace and these can be explained to you by a Virginia Beach work injury lawyer.

What Is the “Going and Coming” Rule?

Workers’ compensation policies stipulate that your injury has to originate from your employment and happen there. “Arising out of your job” means doing something for your company at their demand; “occurring during your job” means working on a task relating to your employment.

Most states have a “going and coming” regulation limiting commuter workers’ compensation claims. This rule clarifies when you are and cannot be entitled to workers’ compensation following a commuting accident injury.

Generally speaking, the going and-coming rule states that when you drive between locations—including your house and place of employment—you bear the same risk as all other drivers and are not traveling for the advantage of your employer. This guideline also applies to any travel to complete personal errands during your regular work hours, say during lunch or break.

What are the most common accidents sustained while on a business trip?

Business travelers may sustain injuries under many different conditions. Some typical business travel mishaps include the following:

Car Accidents

Auto accidents are the most common source of business travel injuries. Workers driving their own automobile, business car, or rented car may get hurt depending on their own behavior or those of other drivers. Users of Uber or Lyft who are on their way to work could be hurt in rideshare drivers’ or other drivers’ crashes.

Slips and Falls

Slips and falls are another often occurring cause of work-related injuries. Though they can happen practically anywhere, falls are common at offices, hotels, restaurants, sidewalks, and airports.

Pedestrian Accidents

Unmarked crosswalks or missing or faulty traffic signals can also cause accidents, even if a pedestrian or driver is preoccupied, intoxicated, or not following traffic laws.

Air Travel Injuries

Business travelers may get injured on the jetway from heavy bags falling from the overhead bins or from turbulence, which affects people seated or moving around the cabin.

Exceptions for traveling employees

Workers’ compensation covers travel throughout the business day, for example, from one job site to another. Of course, workers’ comp covers some employees, like truckers and taxi drivers, whose job is practically travel. Workers’ comp covers even employees who typically work at a fixed location should they have to run an errand for their company or attend an off-site conference. Workers’ comp also covers travel for a business trip—including travel to and from the airport, train station, hotel, and any sites the employee must visit.

Conclusion

You might be entitled to payback if you get hurt on your way to work. Although workers’ compensation could cover your basic financial losses—medical costs and missed wages—in some situations, you might be qualified for extra damages in a personal injury claim.