Workers Comp for injuries after hours
Brandon J. Broderick, Personal Injury Attorney at Law
In most states, including New York, companies are required to have an adequate level of workers' compensation insurance. This type of policy covers all associated medical expenses, some?lost wages , and disability benefits when necessary when a person is hurt while performing duties related to their employment with a company.
You generally envision an accident taking place in an office or on a construction site when you think of a worker having to seek workers' compensation. However, not all claims for workers' comp are for accidents that occur while an employee is doing duties within or at a place of employment. Workers' compensation insurance covers some accidents that take place off-site, including those that occur before and after someone formally "clocks in."
There are some conditions that must be met for this to apply. We will discuss this further. Speaking with an experienced?NY workers' comp lawyer ?can give you some insight as to whether or not you have a claim. Contact us at Brandon J. Broderick for more information.
Is Workers' Compensation Available To An Employee Injured While Making Their Daily Commute?
Many people commute in their car to and from work. If you drive, there is a chance that you will have a collision on the way to work. For this kind of damage, though, you cannot apply for workers' compensation.
This is referred to as the?"coming and going rule" . It applies to the commute, when you travel from your home to your place of employment or vice versa. Consequently, even if you are commuting to and from work, any accidents that occur during this time would not be covered by your employer's Workers' Compensation.
According to the New York Workers' Compensation Law, a worker is not deemed to be acting in the course of employment while traveling to and from work. It essentially prohibits an employee who sustains an injury while traveling to or from work from receiving workers' comp payments. Furthermore, the employer is not liable for any medical costs or lost income related to an injury sustained while "coming and going" to work.
What If You Are Injured While Walking To and From Your Car At Work? Can I Collect Workers Comp?
There are a few exceptions to the "coming and going" or portal to portal rule. One of them is if you sustain injuries while on the property owned by your company, such as a parking lot.
If you park your car, get out, and trip and fall on an uncleared area of ice, you can submit a workers' compensation claim if your company was obliged to maintain the parking lot. The same would apply if you were hurt while on a sidewalk or other spaces owned by your employer, provided you were there while conducting regular business.
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"Coming and Going" Rule Exceptions
As already established, there are a few exceptions to the rule in New York. According to a decision by the?New York State Workers' Compensation Board , employees who sustain an injury while traveling for business are eligible to submit a claim and receive benefits. This includes paid business trips or accidents sustained while driving their own cars and receiving mileage reimbursement.
Workers' comp will also pay for injuries suffered by workers who don't have a fixed location they work out of, such as a door-to-door salesperson. Benefits are given to the worker as long as the accident takes place while they are traveling for work.
Another typical exemption is a worker who sustains an injury while entering or departing the workplace or job site.
Special Errand Exception
The special errand exemption is yet another exception to the "coming and going" rule. This is applicable when a worker is hurt while carrying out tasks for their employer that are beneficial for the business. The Workers' Comp Board has determined that accidents occurring while doing errands qualify for benefits for the injured party.
If the employer asks the employee to fetch lunch or coffee for their boss while they are on the clock, you could also be entitled to workers' comp benefits.
However, the special errand exemption is limited. The Appellate Division will evaluate the circumstances of what is "unreasonable and insufficiently work-related." If you have questions, it is a good idea to speak with a knowledgeable workers' compensation attorney about your particular claim.
What If You Visit Your Employer After Hours and Are Injured?