Posted on: 19 September 2017
If you are involved in a car accident during the course and scope of your employment, you can file a workers compensation claim for any injuries you sustained. One of the most commonly asked questions about this is whether your commute to and from work is covered under workers compensation laws or is part of the course and scope of your employment. Here are three questions to ask to determine if you may be able to file a claim for an accident that occurred during your commute.
Do You Have a Fixed Place of Employment?
The first question you will want to ask yourself is whether you have a fixed place of employment. Do you commute to one specific office or location? Or do you have a set schedule for which days you will be in which offices? If you have a fixed place of employment at a specific day and time, any accidents to and from this fixed place of employment are not likely to fall under workers compensation laws. However, if you do not have a fixed place of employment, and it changes based on where the job site is, such as a plumber or electrician who goes straight to their first job site rather than an office, you are likely covered.
Were You Traveling or on a Special Assignment?
The next question to ask is if you were traveling or on a special assignment. If you were traveling for work and outside of the area you normally work in, your commute is likely covered, as most laws require your employment day to start when you leave the hotel while traveling for work. Also, if you were completing a special assignment for your job on the way home, such as picking up office supplies per your bosses request, accidents occurred during your commute may be covered.
Did Your Employer Provide Transportation?
The last question to ask if your employer provided transportation. If your employer arranges for your transportation to and from work, such as paying for a chauffeur or arranging ride shares among employees, any accidents that occur are likely to be eligible for workers compensation.
In most instances, your regular commute to and from work are not covered under workers compensation law. This is not typically considered your course and scope of employment. But if you have no fixed place of employment, were traveling or on a special assignment, or your employer provides or arranges your transportation to and from work, your commute likely is covered under workers compensation laws if you are involved in and injured in an accident. You'll want to check out a site like http://mcmullenochs.com to learn more about the specifics of whether or not you're covered by workers comp.Share