Going To and From Work: Do Injuries Qualify for Workers’ Comp?
In order to qualify as a compensable injury, a workplace injury must occur under a specific set of circumstances. Many people would assume that one of these circumstances would be that the injury would have had to occur on the premises of your place of work in order to be eligible for workers’ compensation. But could a workplace injury that occurred outside of company premises end up counting as well? Read on to find out.
If I Am Injured Going To or From Work, How Do I Approach My Workers’ Comp Claim?
Generally speaking, workers’ compensation does not cover individuals who are going to or from work. If you are in a car accident while driving to work, for instance, the injuries you sustained would not be covered by workers’ comp insurance and would have to be dealt with using your own personal insurance coverage instead. However, there is an exception to this “going to and from work” rule that employees should know about.
Your employer may request that you complete a task during the course of your journey to or from work. For example, if your employer knows that a certain store is located on your route to work, they may ask you to pick up supplies from that store before you come in to work for the day. If on your way to complete this task for your employer you are involved in a car accident or are injured in some other way, then this would prove an exception to the “going to and from work” rule and you could potentially receive workers’ compensation for your injuries with the help of a qualified attorney. This is an exception to the normal “going to and from work” rule in that you were technically performing a task that benefitted your employer while you were injured, making it work-relevant.
It can be difficult to successfully argue that your work injury was sustained as a result of this exception to the “going to and from work rule.” Certain factors can take it out of the realm of exception, for instance, if you made an additional stop on your way to complete your employer’s task (such as stopping to get a cup of coffee) and were injured in the course of doing that; this would prevent your work injury from being covered by workers’ comp as you were completing a personal task when the injury occurred. To successfully navigate the sometimes tricky terms of the “going to and from work” rule, it is important that you seek qualified legal counsel to assist you with your claim.
Filing a Workers’ Comp Claim
If you are uncertain as to whether or not the circumstances surrounding your workplace injury will affect your ability to qualify for workers’ compensation, get in touch with an experienced workers’ comp attorney today. The team from Jenkins Block and Associates will be able to discuss your claim in depth and determine the best course of action for your case.
We have four offices across Maryland and Virginia with trained legal professionals ready to assist you. Please CALL US at 1-800-243-2439 to be directed to the closest Jenkins Block & Associates location to you.
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