Understanding Workmen's Comp For Traveling Employees

Workers' compensation insurance, also known as workers' comp, provides benefits to employees who are injured, become ill, or die as a direct result of their job. It covers medical costs, healthcare benefits, lost wages, educational retraining, and disability pay. In most states, businesses are required to purchase workers' compensation insurance for their employees, even if they only have one. However, the specifics of workers' compensation can vary depending on the state and the nature of the employee's work. For example, travel during the workday, such as commuting between job sites, is generally covered by workers' compensation. This is especially relevant for employees whose job primarily involves travel, such as truckers and taxi drivers.

Employees who travel a lot for work are often exempt from the coming-and-going rule

Workers' compensation laws can be complex, and it's not always clear whether an injury is covered. Generally, an employee's regular commute to and from work does not fall within the boundary of employment-related activities. Therefore, the employee would not qualify for workers' compensation benefits, and the employer would not be liable for injuries or damages resulting from an accident. However, there are exceptions to this "coming-and-going" rule, and employees who travel a lot for work often fall under these exceptions.

One such exception is when travelling is a major part of an employee's job duties. This includes pilots, truck drivers, bus drivers, and state troopers, but the list is not exhaustive. If an employee's primary job duty is to travel, and they are injured during this primary duty, their injury should be covered by workers' compensation.

Another exception is when an employee travels between multiple job sites within one shift. This is considered job-related usage under most state workers' compensation laws. For example, a computer technician driving from one office building to another or a landscaping company employee driving to different job sites would be covered.

Commercial travellers are also exempt from the coming-and-going rule. All of the time spent away on a business trip is considered employment-related. So, even if an employee is only attending a conference for eight hours a day, the entire time spent travelling is considered work-related.

If an employee has no fixed place of work and commutes as part of their job, this should also be covered by workers' compensation. This includes visiting nurses, construction workers, contractors, travelling salespeople, tutors, and anyone else whose job is primarily done on their client's premises rather than their employer's premises.

On-call employees are likely covered from the moment they are called in

On-call employees are likely covered by workers' compensation from the moment they are called into work. This means that even if they are injured at home after being called in, they may still be eligible for compensation. This is an exception to the "coming-and-going rule", which states that employees commuting to and from work are generally not eligible for workers' compensation. Being "on-call" implies that an employee is required to be available for work outside of their regular shift, and their time is effectively controlled by their employer. Therefore, any injuries sustained during this period may be considered work-related.

It's important to note that workers' compensation laws can vary from state to state, so the specifics of coverage may differ depending on location. However, the principle of on-call employees being covered from the moment of the call is generally accepted. This is because the employee is now effectively "on the clock" and performing a work-related task by responding to the call and preparing to work.

In addition to on-call employees, there are several other scenarios where commuting or travelling employees may be covered by workers' compensation. For example, employees who travel frequently for work, such as salespeople or nurses, are often exempt from the coming-and-going rule. Their travel is considered integral to their employment, as they do not work from a fixed office. Similarly, employees who are required to drive through hazardous areas, such as construction sites or blasting zones, to get to their workplace may be eligible for compensation if injured during their commute.

Another scenario where workers' compensation may apply is when an employee is running a work-related errand. This could include an errand performed on the way home from work, during a lunch break, or at any other time. If the employee is injured while performing this work-related task, their injuries may be compensable. This is known as the "dual-purpose or capacity concept", where the employee is serving both a personal and a work-related purpose during their travel.

It's worth mentioning that the applicability of workers' compensation in these scenarios may depend on various factors and specific circumstances. For example, whether the employee is driving their own car or a company car, whether they are reimbursed for mileage or commuting costs, and whether their employment contract includes provisions for commuting reimbursement. Additionally, the nature of the injury and the specific tasks performed during the travel may also impact the eligibility for compensation. Therefore, it is always advisable for insured companies to report potential workers' compensation claims as soon as possible to allow for a thorough investigation and determination of compensability.

Employees injured during business travel may receive compensation

However, if an employee chooses to engage in activities that are completely unrelated to work, these activities may not be covered by workers' compensation. For example, if an employee is on a business trip and chooses to go to a club, see a tourist destination, or visit a friend during their free time, any injuries that occur during these activities may not be covered.

It is important to note that there are exceptions to these rules, and the specific circumstances of each case will determine whether an employee is eligible for workers' compensation. For example, if an employee is injured while running an errand for their employer, such as going to the post office or bank, they may be eligible for workers' compensation even if it is not a routine part of their job.

Additionally, if an employee is transported in a company vehicle, their travel may be covered by workers' compensation, especially if the employer has assumed responsibility for transporting employees or if the vehicle is visibly marked with the company logo.

In the case of injuries that occur during business travel, it is recommended to consult with an experienced attorney to determine eligibility for workers' compensation and explore other possible avenues for compensation.

Driving through a zone of danger to get to work may make employees eligible

Driving through a "zone of danger" to get to work may make employees eligible for workers' compensation. This is because, in this case, their commute is considered hazardous and is therefore exempt from the "coming-and-going rule", which states that accidents during an employee's commute are their own responsibility.

For employees who are required to drive through hazardous areas to get to work, their commute is seen as integral to their employment, and their employer is responsible for any injuries that occur during this time. This is especially true for employees who travel frequently for work, such as truckers, taxi drivers, visiting nurses, construction workers, contractors, and travelling salespeople. These employees do not work from a fixed office, so their travel is considered a necessary part of their job.

In addition, employees who are injured during business travel may receive compensation, even if the accident happens during recreation. Courts are generally liberal in determining work comp eligibility in work travel accidents, even if the injurious activity would not be considered work-related outside of work hours.

It's important to note that workers' compensation coverage for commuting employees can vary from state to state, so it's always best to consult with a lawyer to understand your specific situation.

Employees running work-related errands during personal time may be covered

Workers' compensation insurance provides benefits to employees who are injured or become ill due to their job. This includes medical expenses and lost wages. Generally, employees are not covered when commuting to and from work, but there are exceptions.

One such exception is the "special mission" or "special errand" rule. If an employee is asked to run an errand for their employer during their personal time, such as on their way to work or during their lunch break, they may be covered by workers' compensation if they are injured while carrying out this task. This is because the employer has asked the employee to take on a task outside of their regular job duties, and the employer is responsible for any injuries that occur during this time.

For example, if an employee is asked to pick up coffee for their supervisor on their way to the office and is injured while doing so, they may be eligible for workers' compensation. This is because they were performing a task for their employer, even if it is not typically part of their job description.

However, it is important to note that the "special errand" exception may not apply if the task is deemed unreasonable and insufficiently work-related by the Workers' Compensation Board. In these cases, the employee may need legal representation to argue that their injury occurred in the course and scope of their employment.

Another exception to the general rule is the company vehicle exception. If an employee is transported in a company vehicle, whether driven by themselves or someone else, their travel may be covered by workers' compensation. This is especially true if the employer has assumed responsibility for transporting employees or if the company vehicle is visibly marked with the company logo, as it can be argued that the employer gains a benefit from the employee's use of the vehicle.

Overall, while employees running work-related errands during personal time may be covered by workers' compensation, it is important to seek legal advice and review the specific circumstances of each case to determine eligibility for benefits.

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