Can I Claim Workers Compensation If I’m Hurt While Traveling?
If you are injured while at work, you may be able to file a claim for workers’ compensation. Some claims are denied initially; especially if the employer disputes that the injury was work-related. If you were traveling when the injury occurred, you may wonder if you will be able to file a workers’ compensation claim. The answer is, it depends on the facts of your case.
Were You Traveling With the Scope of Your Employment?
If you were traveling during your normal work hours and you were performing tasks within the scope of your employment, your claim will probably be eligible for workers’ compensation. If you did not have permission from your employer to travel to the area where you were when the injury occurred, the employer may dispute your claim.
Were You Traveling To/From Work or During a Break?
You may not be eligible for claims if you were on your way to or from work or if you were traveling during a break. For example, if you went to lunch and were injured while off the clock, you may not be eligible to file a claim. The case may turn upon small details that can determine whether you were acting within the scope of your employment. For example, if you were with your manager or co-workers and talking about work, you may have a greater chance of having a claim approved than if you were meeting a family member for lunch.
Were You Traveling Out of Town for Work?
If you were out of town for work purposes, your claim likewise may or may not be approved depending on whether or not you were acting within the scope of your employment. Some workers ‘compensation claims have been denied where an employee was allotted compensation for meals and accommodations but the injury was not incurred during an activity related to the employment. An attorney may be able to argue that the injury occurred while the employee was acting in furtherance of a work-related activity.
Workers Who are More Likely to Be Injured While Traveling
Some workers may be more likely than others to get injured while traveling. This includes couriers, truckers and other workers who are employed primarily for the purpose of delivering goods from one location to another. Many employers in these industries have policies that relate specifically to employee travel. It is a good idea for employees to be familiar with their employer’s policy before an incident occurs. It is also important for employees to know what their employers allow them to do while traveling for work since this can become relevant to the question of whether or not an employee was acting within the scope of his or her employment.
Contact a Jackson Workers' Comp Attorney to Find Out If Your Claim is Eligible
Even if you think you may not be eligible to file a claim for workers’ compensation, it is a good idea to seek legal advice to make sure that your rights are protected. Some cases are not approved right away but may be approved after further consideration and submission of arguments by counsel. Speaking to an attorney as soon as possible may improve the chances of your claim being approved because an attorney may be able to advise you about any time limitations for applying and other restrictions. An attorney may also be able to help you file an appeal if your claim has been denied.