6 exceptions that could make an injury that occurred while traveling to and from work compensable by workers compensation
Many people are injured while going to or coming from work. Some are even hurt while they’re in their employer’s parking lot. Workers compensation benefits are available for these types of injuries under certain circumstances. Here’s some information about the Michigan work comp law that you should know about.
To speak directly with a workers comp lawyer now, call us at (844) 345-0952, or fill out our free contact form. There’s no cost or obligation.
Q. Is my injury from work travel covered under work comp?
A. The general rule is that going to and coming from work is not covered by workers compensation. However, there are some recognized exceptions that could make your injury compensable.
Workers compensation benefits may be available if:
- You are on a special mission for your employer.
- Your employer derives a special benefit from your activity at the time of injury.
- Your employer paid for or furnished transportation as part of your job.
- Your travel comprised a dual purpose combining employment-related business needs with your personal activity.
- Your employer subjected you to excessive exposure to traffic risks.
- Your travel took place as a result of a split-shift schedule or required an irregular non fixed working schedule.
Many times the issue comes down to whether or not your employer paid you mileage reimbursement or provided you with transportation. Some employers will not pay you until several miles from your home or until you have reached your first destination. These small distinctions could make a big difference in your workers comp case.
Q. What if I was injured in a parking lot?
A. Workers compensation benefits may also be available if you are injured in a parking lot. If you are hurt while on the premises where your work is done — within a reasonable time before or after working hours — you are presumed to be in the course of employment. This means that your injury should be covered under workers compensation.
Off premises parking lot injuries can also be covered if you were injured while traveling in a reasonably direct route from a company parking area to the location where your work is to be performed. These types of claims involve a great deal of controversy and are frequently disputed.
Q. How can a work comp lawyer help me if I was injured while traveling?
A. Workers compensation is supposed to pay for all injuries that arise in the course and scope of your employment. Every case is different and must be evaluated on its own facts. An experienced workers compensation lawyer can help you understand the issues in your case and recover the maximum compensation under the law.
Q. Are there any other benefits I can receive?
A. Yes. Please also remember that you can collect additional benefits from an at-fault person or business. This typically occurs when you are injured in an auto accident going to or coming from work.
Substantial damages in the form of pain and suffering could be available. Any amount recovered, after deducting a proportionate share of costs and attorney fees, will first reimburse workers compensation. The balance of the recovery will be paid directly to you and treated as an advance payment of future workers compensation benefits.
Have questions about your injury that occurred while traveling to work?
Please, don’t let your employer or the insurance company play games with your workers compensation benefits. An experienced work comp lawyer can protect your legal rights and make sure that you get appropriate medical care and compensation.
Call (844) 345-0952 to speak with one of our lawyers now, or you can fill out our free consultation form. The call and the advice are absolutely free.