If you get injured while you are on the job, you likely deserve workers’ comp benefits to pay for lost wages, medical bills and more.
For many workers, this could certainly include a car accident. Maybe you are a delivery driver or a taxi driver. Perhaps you are a commercial truck driver. Maybe you work for a construction company and you have to drive between work sites while you are on the clock. In all of these cases, you may deserve workers’ comp if you are injured in a car crash.
But what about your morning commute? You may not drive as part of your actual employment, but you still have to drive to the office every day. If you get injured in a crash during that commute, can you seek workers’ comp benefits?
Only in select situations
For the most part, the answer is no, you cannot seek workers’ comp benefits for an accident during your commute, whether you are going to work or returning home. You are not on the clock or performing the duties of your job during the commute, so it still counts as personal time.
That said, in certain situations, you may be able to claim that you actually were carrying out duties that were related to your job. Maybe your boss asked you to stop and get coffee or pick up a box of supplies during your commute, for example. You are now essentially working during the commute, even though you have not yet arrived at the office and logged in, so you may be covered.
Situations like this can certainly get complex, especially when employers and employees disagree about whether the employee should be covered for workers’ comp benefits. It can help to work with an experienced law firm at this time.