Most workers’ compensation claims are brought for injuries that occur to someone while they are at work. What happens, however, if you are injured on the way to or from work? Is there any chance you could still have a valid claim for workers’ compensation?
The reality is that there are occasions when accidents that happen outside the workplace are claimable under your employer’s workers’ compensation scheme. But most are not.
When workers’ comp is available due to an injury on the road
To be eligible for workers’ compensation, you’ll need to show that the journey you were injured on was part of the course or scope of your employment — not merely your daily commute to and from the workplace.
Examples that might qualify include if you work for a general contractor and they send you out to do quotes with prospective clients. An even clearer example would be if you are employed as a driver and the crash occurs while you are ferrying people or goods around as part of your employment.
There are other times, too, when an injury that occurs during a commute is covered under workers’ comp simply because you were performing a service for the convenience of your employer. For example, if the boss has asked you to pick something up or drop something off on your way into work or on the way home. For example, picking up copies from the print shop, or dropping a delivery off at a client who you pass close to on your way home. Florida law requires that you be on “a special errand or mission for the employer” for such examples to hold.
Insurers and employers sometimes dispute the validity of a claim by arguing that the injury occurred outside the scope of coverage. Legal guidance may be essential to show that the coverage does apply.