Among the many different injury risks that employees face, one is the risk of getting involved in a serious car accident. The roads are very dangerous, and accidents happen on a daily basis. Many workers may be injured in accidents during their commute to or from work.
If the worker would not have been on the road at the time and place where the crash occurred if they were not commuting, they may consider this a work-related injury. They may want to seek workers’ compensation benefits for medical bills and lost wages. Is that possible?
Only in select situations
For the average car accident during a commute, the answer is no. A worker cannot seek workers’ compensation benefits because they are technically still on personal time, rather than clocked in and performing the duties of their job.
In some situations, there are exceptions. Say that someone’s boss gives them a task to do during their commute, like picking up office supplies. Because they were doing something for their job, their commute injuries may now qualify for workers’ compensation benefits.
Another example is when workers have to go to multiple job sites during the day. Once they have clocked in, if they are driving between job sites, they could still seek benefits for a car accident. It is not part of their standard commute, but a part of their work day.
The right to workers’ compensation benefits
Conflict can sometimes arise when an employee believes they have a right to benefits and their employer does not. It is important that those involved understand their legal options and when they have a right to workers’ comp benefits.
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