I am often asked whether an injury sustained in an accident while commuting to or from work is compensable under the Workers Compensation Act. The answer is complicated.
Very generally, injuries sustained while commuting to or from work ARE NOT covered under the Worker’s Compensation Act. So, if a person gets hurt in an accident on the way to work the injuries are not typically compensable under the Workers Compensation Act.
That is the general rule.
However, there are exceptions and they too are complicated. The exceptions are:
- If the employee has no fixed place of work;
- If the employment contract included transportation to and from work;
- If the employee is on a special assignment for the employer; or
- If special circumstances are such that the employee was furthering the business of the employer.
With each of these exceptions, the specific facts of the case must be carefully considered to determine if the case falls within the exception. Further, the nuanced law with each exception must be considered and applied to the specific facts.
The bottom line is, if you’ve been injured while commuting to or from work, do not accept the blanket statement from the Workers Compensation insurance company that you are not covered. The specific circumstances of your case should be evaluated by Certified Workers Compensation Specialist.
I am a Certified Workers Compensation Specialist. Contact me for a free consultation.