Can You Get Workers’ Comp if Injured on Your Commute in Pennsylvania?

Workers’ Compensation covers work injuries, specifically injuries that occur in the course of your work.  It is impossible to do your work at the office or a job site unless you commute there in the first place, so are injuries during your commute “work-related”?

Generally speaking, no; injuries that you sustain on your way to or from work do not count as “work-related injuries” for Workers’ Comp benefits.  However, there are many different ways that people work and different setups regarding when you are “working” for purposes of coverage under the Workers’ Comp Act.  This leaves a few scenarios where injuries while traveling or leaving work would be considered “work-related,” but the question is always very fact-sensitive and case-specific.

For help with a work injury case, call the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law at (267) 651-7945.

Coverage for Injuries During Your Commute in Pennsylvania Workers’ Comp Cases

Generally speaking, you are not “working” for purposes of Workers’ Compensation until you get to work.  This creates a bright-line rule that can be relied on to define when an injury is work-related or not.  However, that convenient line makes it pretty clear that until you get to work, you are not “working,” and you cannot get Workers’ Comp benefits for an injury on your commute.

Car crashes are one of the most common ways that people are injured in general, so this carves out a pretty big area of injuries from coverage under Workers’ Comp, but only if the accident happens during your regular morning/evening commute.  There are definitely ways that car accidents can be covered under Workers’ Comp, which we will discuss below.

Not everyone commutes by driving.  The same rules apply if you are taking the train or the bus to work or even if you are simply walking: accidents on the way to work or back home do not typically count.

There will, however, be questions about how far into the building you need to get before your injury happens “at work.”  For example, if you had to show your ID at the door to get into the building, then you might be “at work” already.  But what happens if you fall in the parking lot or if you make a stop by the restroom before entering your office and fall down there?  Our lawyers can help deal with fact-specific cases like these.

Does Workers’ Comp Cover Car Accidents in Pennsylvania?

Although accidents during your morning and evening commute might not be covered, many car accidents are still covered.  If you drive as part of your job and you were injured in a crash while you were completing work tasks for your employer, then you can rest assured that that should be interpreted squarely as a “work-related” injury.

When “Commutes” Are Covered Under Workers’ Comp

Different work setups and arrangements might mean that you move around for work, going to different offices or sites throughout the workday.  This can lead to coverage during certain parts of your “commute” or travel, even if the initial trip into and the final trip away from work are not typically covered.

Multiple Sites

If you move between multiple job sites in one workday, then driving from one site to another is part of your job.  This job task is required by your employer, and thus, accidents during that drive should qualify as “work-related,” allowing Workers’ Comp benefits to be paid.

Many trade jobs work under this kind of system, with painters, plumbers, and other workers spending a lot of their day on the road as part of their jobs.  In these cases, Workers’ Compensation benefits should be available if you are in a car accident.

Errands

The same is true if you are sent out on a work errand.  If you leave the office or worksite to pick something up at your employer’s request or because you need more materials to finish the job tasks you are doing for your employer, then that travel to and from the store or other location should be considered “work-related,” potentially covering injuries during these trips.

Work Trips

If you are going on a work trip for your employer, at their request, then injuries during that travel might be covered under Workers’ Comp.  Any activities, travel, or work tasks during that trip should also be covered under Workers’ Comp.  This might even allow people who travel to Pennsylvania for work to file under Pennsylvania’s Workers’ Comp laws, even if their employer is out of state, so long as the injury during the work trip occurred within the borders of Pennsylvania.

Errands During Commute

If your employer asks you to stop off during your commute to buy something or pick something up, this should be considered a work task as well.  In many cases, this could qualify you for Workers’ Compensation benefits as long as the injury happened after you were redirected toward the errand.  After that point, you are performing a job task and not just commuting to work; you’re already working.

When Work Injuries Are Not Covered During Travel

There is one major issue that might prevent your work injuries from being covered: your employment status.  Workers’ Comp only covers employees, meaning workers that have a master-servant or employer-employee relationship with their boss.  This leaves independent contractors out of coverage.

Many jobs that require workers to drive around from job site to job site are paid as “gig worker” jobs or independent contracting jobs instead of treating the worker as an employee.  This often allows employers to get around covering employees who might be injured in car accidents.  However, just because they call you an independent contractor does not mean they are correct.  Misclassification – especially in the “gig economy” – is quite a common issue, and you may be entitled to Workers’ Comp without realizing it after a car accident between job sites or during deliveries.

Call Our Workers’ Comp Lawyers in Pennsylvania Today

Call Cardamone Law’s Philadelphia Workers’ Compensation attorneys at (267) 651-7945 for a free case review.