Can You Get Workers’ Compensation Benefits Even If You Are Not at the Workplace When the Accident Occurs?

Posted on : March 23, 2018

Whether or not you’ll be able to recover workers’ compensation benefits by filing a claim directly with your employer has to do with a number of different factors. A common question that emerges for people who have been injured while working on the job but at a different site than the actual workplace, may lead to serious questions. The laws in your particular state will determine whether or not you are eligible to pursue a workers’ compensation claim with the support of an attorney. The facts of your specific case will dictate whether or not you are allowed to file a workers’ compensation claim.

Given that a serious injury can sideline you for a long period of time and make it difficult or impossible for you to work, you need to carefully consider whether or not workers’ compensation benefits are the only way to recover compensation. You may also be eligible for a third-party product liability claim, for example, if you were using a piece of machinery that malfunctioned at the time of the accident. Generally speaking, if the injury occurs as a result of your scope of employment, it will be covered.

If you were a traveling salesperson who was hurt while on a road, for example, you may be eligible to pursue a workers’ compensation claim so long as you were staying somewhere for business purposes and traveling for business purposes. If an employee is running an errand that requires him or her to exit the workplace at the employer’s request, compensation benefits may be paid out in the event that an injury, such as a vehicle accident occurs because of running that errand.

If that person has deviated for personal reasons such as running their own errands while out doing something for the employer, then this may be called into careful consideration and it may not be the case that he or she gets workers’ compensation benefits. Employees who are injured while attending an employer sponsored event such as a picnic or outing may be eligible to recover workers’ compensation benefits even if they were not directly on the employers’ worksite at the time of the accident.