Many employees need to travel for work, either by driving through the city or going to another city for a business meeting or conference. Of course, your boss may also send you on various errands once in a while. So, what happens if you get injured during one of these travels? Can you apply for workers comp for work-related travel accidents? Only an experienced Port St. Lucie workers comp lawyer can give you a definite answer depending on your specific circumstances.
However, this article will give you a general overview of what type of travel is covered by workers compensation and what is excluded.
The First Rule: Commuting to and from Work Is Not Covered
Many traffic accidents happen during the rush hours, when people are driving to and from work. However, this is not considered work-related travel. The employer does not control or impose how you get to work, and you are not on the clock when such accidents happen.
In most of the cases, your best recourse is to consult with a car accident lawyer and find out if you can recover damages by filing an insurance claim.
Exception to the Rule: the Coming and Going Principle
As we stated at the beginning of this article, many employees must perform errands for their superiors. Often, they get a call while they are traveling to or from the workplace and asked to go somewhere and pick up a parcel or see a client.
In this specific situation, the respective employee is considered to be once again on the clock. And, under the “coming and going” exception provided by Florida workers compensation law (Florida Statutes 440.092), the employee is entitled to file a claim for benefits.
Workers Comp for Work-Related Travel Accidents during a Business Trip
You may believe that if you are traveling specifically for work-related purposes for several days, things are clearer and simpler. You are on duty, performing tasks for your employer. Thus, any kind of accident is covered by workers comp.
In reality, as an experienced Port St. Lucie workers comp lawyer will explain to you, this is where the gray area truly begins and insurance companies fight claims harder than ever.
Let us examine two similar situations:
Alex meets some clients over dinner to finalize a new contract on behalf of his employer. During the dinner he suffers an accident and needs to go to the hospital for treatment.
George has managed to close an important deal with a new client. To celebrate before he returns to office the next day with the signed agreement, he treats himself to dinner and suffers an accident.
Both Alex and George were traveling for business. But only Alex can file a workers comp claim, because he suffered the accident while actively engaged in a work-related activity.
Extending a Business Trip for Personal Reason? You May Not File a Claim
Another common scenario is when employees are sent to travel for work to a place they’ve always wanted to visit. Since the busy schedule of the business trip does not give them time for sightseeing, they decide to stay one or two days longer.
Unfortunately, any accidents that happen during these extra days are not covered by workers comp for work-related travel accidents.
How to Maximize Your Chances of Filing a Workers Comp Claim Successfully
The golden rule for making sure that you get workers comp benefits after a work-related travel accident is this: document everything extensively. For instance, if the accident happens during a business dinner, ask the participants to give you statements detailing what happened.
Since they were happy to do business with you, they will certainly not refuse to help you as eyewitnesses in your workers comp claim.
Also, no matter where you are and what time it is (even taking into account different time zones), notify your employer immediately. Send a text message or an email and tell them exactly what happened and that you were in the course of your job duties.
Last but not least, as soon as you are back in your home city, contact an experienced workers comp attorney to start preparing your claim.
Let an Experienced Port St. Lucie Workers Comp Lawyer Protect Your Rights!
If you were injured while traveling for work, you have a lot of challenges to face when filing a workers comp claim. So don’t face them alone, but together with an experienced Port St. Lucie workers comp lawyer.
We will carefully analyze your evidence and explain your rights. If you have a valid claim, we will represent you on a contingency fee basis. Also, as a new client, we offer you a free case evaluation. Call us at 954-324-COMP!