When is an Employee’s Commute Covered by Workers’ Compensation?
June 28, 2017
In most cases, if someone is injured in a car accident on their way to work, their injuries are not covered under their employer’s Workers’ Compensation plan. In this case, the injured party would most likely need to file a personal injury claim instead. In the state of Maryland, the “going and coming” rule states that you cannot collect Workers’ Compensation benefits for injuries that occurred during your commute to or from work, however, there are exceptions to this rule.
Transportation Required or Paid for by Employer: If you were driving a company car or another method of transportation paid for by your employer and got hurt in a car wreck, your injuries may be compensable under your employer’s Workers’ Compensation plan. In addition, if you were driving your own vehicle, but your employer asked that you use that car for work purposes, you may be eligible for Workers’ Compensation benefits.
Premises Exception Rule: If you are on the premises of your place of employment, this would qualify you for Workers’ Compensation benefits.
Special Dangers Exception: If your commute to work involved a hazardous route or you encounter special circumstances that increase the risk of injury, you may be able to collect Worker’s Compensation benefits. An experienced Workers’ Compensation lawyer can explain what circumstances qualify as a special danger.
Special Errands Exception: This exception applies to injuries that were sustained while carrying out an errand or task that was requested by your employer. For example, if your employer asks you to pick something up or make an unscheduled delivery on your way to work, and you are injured in an accident while carrying out that task, you qualify for compensation for those injuries.
Dual Purpose: If you are injured during the course of a trip to or from work that has both business and personal purposes and you were required to perform a service for your employer during that trip, you are likely to be eligible for Workers’ Compensation benefits. For example, if your employer asks you to deliver business-related documents to a particular location on your way home from work and you were injured in a car accident during that trip, you may be compensated.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Represent Workers Injured During Their Commute
If you have been injured on your way to or from work, you may be eligible for Workers’ Compensation benefits. Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton will examine the details of your case, including the location of the accident, the purpose of your trip, and the potential hazards involved. If we determine that your injuries should be covered by Workers’ Compensation, we will pursue the maximum benefits to which you are entitled. To set up a free, confidential consultation with one of our experienced Workers’ Compensation lawyers, call us today at 844-556-4LAW (4529) or contact us online.
