Can I Receive Workers’ Compensation If I am Injured Traveling To Or From Work?

Posted in Workers Compensation on September 24, 2021

Most people can count on being able to recover compensation for their medical bills and a portion of their lost wages if they sustain an on-the-job injury. However, what happens if you sustain an injury while you are traveling to and from work?

In general, you will not be able to recover compensation if you sustain an injury going to or from work. However, there are various factors that have to be taken into consideration when determining whether or not you can recover workers’ compensation after an injury occurs during your work commute. 

You Can’t Usually Get Benefits if You’re Injured on Your Commute

Individuals commute to and from work every day, and they are almost never on the clock when they do. This means that if an individual is involved in a vehicle accident on their way to or from work, they usually will not be covered through workers’ compensation laws in Arizona.

The reality is that workers’ compensation benefits only apply if a person sustains an injury while they’re performing job-related duties. While this is a fairly broad definition, this will not count when a person is commuting to or from the workplace.

When You May be Covered by Workers’ Comp for a Commute Injury

There may be some exceptions to a person receiving workers’ compensation benefits if they are injured in a vehicle accident during the commute to and from the workplace.

• If a supervisor asks a person to run some errands on their way to or from work, this suddenly becomes a directive from the workplace, and a person will essentially be performing job-related duties. Even if they are in their personal vehicle, if they have been directed the handle work-related issues on the way to or from work, they should be covered by workers’ compensation laws in Arizona.
• There may also be an exception if the employer provides the employee with transportation to and from the workplace and the employee is injured during the transportation process.

Contact an Arizona Workers’ Comp Attorney Today

It can be challenging to determine whether or not an injury should be covered by workers’ compensation. If you have sustained an injury while commuting to or from work, you should speak to a skilled Phoenix workers’ compensation attorney as soon as possible. An attorney will be able to examine the facts of your case and help figure out whether or not you should be able to recover various benefits allowable under state law. If it is determined that your work injury occurred while you were performing job-related duties, you may be able to receive coverage of your:

• Medical bills
• Physical therapy, prescription meds, medical devices
• Lost wages (two-thirds average weekly wage)
• Vocational training
• Possible disability benefits

It may be necessary to conduct a complete investigation into the claim in order to determine what your role was at the time the injury occurred. If you receive pushback from your employer or your insurance carrier when it comes to receiving the benefits that you think should rightfully be yours, an attorney will be able to handle the initial application process for benefits as well as any appeals.