Millions of Americans now are no longer working remotely, so it is a fair question: does workers’ compensation cover injuries that occur while traveling for work? For those commuting from their homes for several minutes, to those who have to fly and get a hotel room, workers’ compensation insurance is essential.
Workers’ compensation laws vary from state to state, but every state in the country does have coverage. Workers’ compensation insurance is essentially an agreement between employer and employee, whereas if the employee is injured while working within the scope of employment, the employer would cover their medical bills with pay. This occurs regardless of who caused the worker’s injury. In exchange for this coverage, the employee agrees not to pursue a lawsuit related to the injury they suffered while on the job.
If you are traveling for work and are injured while performing your job duties or a work-related activity, you are generally covered under workers’ compensation. This is called “portal to portal coverage.” For instance, if you are sent by your employer to attend a conference and are injured while attending the conference, you will likely be covered.
However, each workers’ compensation claim is different, as coverage highly depends on the specifics of each case. If you are designated to work at another location, but was injured while sightseeing on your own time, you would not be covered because the injury did not occur while in the scope of employment. Furthermore, workers’ compensation coverage usually does not apply if an employee is injured while commuting to or from work.
An injured employee may claim workers’ compensation if they are traveling during these exceptions:
- If the employer sends their employee on an assignment that requires travel.
- If the employee is a traveling employee and does not have a home base or fixed place of employment.
- If the employee signs a contract with the employer that includes transportation to and from work.
- If the employee is traveling under the direction of furthering the interests of the employer.
New Jersey’s Going and Coming Rule
An employer is generally not responsible for an employee’s injury if the injury occurred while the worker is commuting to or from work. This is essentially New Jersey’s “Going and Coming” rule. The law protects employers from workers’ compensation claims that derive from car or pedestrian accidents, public transportation accidents, or any other means of transportation for the worker to get to and from work.
Although the employer is protected by the “Going and Coming” rule, the employee may benefit from it as well. When approved for workers’ compensation, you receive coverage without the need to prove fault. However, the benefits you receive are clearly defined with no room for other damages.
A personal injury lawsuit gives the injured worker a broader and greater range of financial compensation than a workers’ compensation claim would. With the help of an attorney, the worker can sue other defendants other than their employer. This is, of course, if the injured worker’s claim qualifies as a personal injury case. There are a few exceptions to New Jersey’s “Going and Coming” rule:
- Special mission exception: An injured worker is eligible for workers’ compensation benefits if the job requires them to be somewhere other than where they normally work, and that they are directly performing their job.
- Travel time exception: An employee is eligible for workers’ compensation benefits if they are paid for travel time to a worksite that is not their normal place of employment, or they are authorized to use a company vehicle to travel.
How to Mitigate Risk?
For employers, mitigating the risk of injury for traveling workers is essential to keeping injury claims to a minimum and costs low:
- Employers should make social events, such as a Christmas party, a voluntary event, reducing their risk and responsibility.
- Only use travel for work for essential employees and only when necessary.
- Avoid using employees to run errands or perform nonessential activities.
- Follow up on claims and follow processes and procedures and stick to the rules consistently.
- Minimize the use of company vehicles for work-use only.
- Check the laws in other countries if sending an employee out of the country.
Cherry Hill Workers’ Compensation Lawyers at Pietras Saracino Smith & Meeks, LLP Help Employees Injured While Traveling
Getting injured can be stressful and confusing, especially if you were injured while traveling for work. The Cherry Hill workers’ compensation lawyers at Pietras Saracino Smith & Meeks, LLP can help you immediately. Call us today at 856-761-3773 or fill out our online form for a free consultation. With our offices located in Cherry Hill, New Jersey, we proudly serve all clients of Camden, Cinnaminson, Delran, Maple Shade, Pennsauken, and throughout South Jersey.
