![]() ![]() She stopped at the courthouse at 12:45 p.m. Her employer asked if she would stop by the courthouse on her way back from lunch to file some legal documents with the court clerk. Her normal lunch hour is from noon to 1:00 p.m. (Workers’ comp doesn’t cover pain and suffering.) Traveling for Duties that Benefit the EmployerĪ worker may be eligible for workers’ comp if they are injured commuting to or from work when they are required to be away from their regular workplace or home to perform work duties that directly benefit the employer.Įxample: Slip and Fall While Running an Errand He can sue the negligent driver for his injuries and resulting damages, including pain and suffering. His employer knew that Charlie had to walk through the parking lot to get to his car, so it’s an “extension” of the grocery store.Ĭharlie also has a valid third-party claim against the driver of the car. He was seriously injured.Įven though Charlie had punched out and left the grocery store, he’s covered by workers’ comp because the parking lot is under his employer’s control. One evening, as he crossed the store’s lot to leave work, Charlie was hit by a car backing out of its parking space. ![]() Management requires employees to park their cars at the rear of the parking lot so shoppers can use the main area in front of the store. Examples of areas controlled by employers include sidewalks, grassy areas, parking lots, and any other property a worker traverses on his way to and from his actual workplace.Ĭharlie is a cashier at a large grocery store. The term “controlled by” refers to property an employer either owns outright, pays a mortgage on, pays property taxes on, pays a third party (like landscapers) to maintain, or is designated as a common area for which the employer contributes rent along with other tenants.Īn area controlled by an employer is considered an extension of the worker’s actual workplace. It ends when a worker steps off the employer’s premises or an area controlled by the employer. In most cases, workers’ compensation coverage begins when an employee starts the workday by stepping onto the employer’s premises or an area controlled by the employer. ![]() Worker’s Comp Off-the-Clock Exceptions Workplace Sidewalks and Parking Lots Take care in the morning and evening when driving to and from your job. The statistics for fatal car accidents during commuter hours are sobering. It ends when the employee leaves at the end of his workday, but there are exceptions. Department of Labor calls it, the “portal to portal” rule.įederal regulations define being on the job as “portal to portal” meaning when the employee arrives at his workplace. This is often called the “going or coming” rule, or as the U.S. Most states’ workers’ compensation laws exclude injuries when a worker is traveling between home and work. Workers Usually Aren’t Covered While Commuting While this rule seems clear, it remains the subject of thousands of job injury legal disputes each year. The rule states that regardless of an employee’s physical location or the time of day the person is injured, if performing assigned job duties, the injury is considered a workplace accident and is covered by workers’ compensation. ![]() Most states follow the “while in the course of employment” rule. Workers are Covered While Performing Assigned Duties On-the-job activity can overlap with personal activities, making each worker’s compensation claim unique. To be eligible for workers’ comp insurance benefits, a worker must be injured while “within the scope of their employment,” also referred to as “on the job,” or “on the clock.” So, what does this include?ĭefining the beginning and end of the workday is crucial in a workers’ comp claim. When Injuries Outside of Work Qualify for Workers’ Comp Read more to determine who pays for a work injury when it occurs outside of work. Often, that’s because the injury didn’t happen during business hours or within the scope of their job duties.ĭespite what the insurance adjuster says, you may be entitled to workers’ comp when you’re injured while arriving or leaving company property, running errands for the boss, traveling on company business, and in other circumstances. The fight starts when an injured worker is denied coverage by the insurance company on the basis that it’s a non-work-related injury. After a work-related injury, you’re supposed to file a workers’ compensation claim and get good medical care and a weekly wage benefit from the workers’ comp insurance carrier. The basic idea behind workers’ compensation is simple. Outside of Work Eligibility for Workers’ Comp. ![]()
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