Workers’ Compensation rules in Pennsylvania govern all work-related accidents within the Commonwealth, even if you were traveling. When you travel outside the workplace for your job, your injury case is likely to involve questions about whether the travel was work-related.
Generally speaking, Workers’ Comp still covers injuries if they occurred while you were traveling within the state for work purposes. While injuries during your daily commute aren’t usually covered, injuries on work trips, errands, and during travel to work events typically will be covered.
Call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers for a free case review today: (267) 651-7945.
Is Travel for Work Covered Under Workers’ Comp?
If you are traveling within Pennsylvania as part of your work, then accidents and injuries should still be covered as “work-related.” Because travel is part of your work, it should still be covered. This means Workers’ Comp claims can typically be paid for the following:
- Travel to and between work sites
- Travel to a work retreat, meeting, or event
- Travel while performing work-related errands
- Travel on “special assignments” outside of the workplace.
This is common for any of these workers:
- Supervisors who oversee multiple sites
- Trades workers and other workers who go to multiple job sites in a day
- Workers who go to a set office/headquarters, then travel to job sites from there
- Delivery drivers
- Transportation workers
- Consultants and specialists who travel as part of their typical job duties.
What Parts of Travel Are Covered?
Sometimes extended work trips involve these kinds of travel:
- Staying at a distant location to perform oversight
- Helping with the opening and training at a new location
- Attending a retreat or conference.
You could be on the road and away from home for some time. Injuries involving any of those aspects of travel should be covered:
- Auto accidents
- Plane accidents
- Slip and falls at an airport or train station
- Injuries at a hotel or motel
- Injuries while refueling or stopping for food during the trip.
These would all be incidental parts of the “work trip,” and our White Hall, PA Workers’ Comp lawyers should still be able to file claims for injuries during these “work-related” tasks.
Is My Commute Covered?
Commuting to work is technically travel, and you cannot do your work without getting to work in the first place. Even so, traveling on your normal morning/evening commute is not typically covered.
“Coming and Going” Rule
Your commute is typically excluded from coverage under the “coming and going” rule, which simply says that coming to and going from work isn’t part of your work.
Travel Between Worksites
Some workers travel in the morning to one job site, then between job sites, then home at the end of the day. In these cases, your morning/evening trips might not be covered, but travel between worksites should be covered.
Different Destination
If you were not commuting to your normal workplace but instead going to a meeting or third location for work tasks, your commute might be covered.
Detours and Special Assignments
If your employer or supervisor asks you to take a detour during your commute to perform an errand, your trip becomes work-related as soon as you diverge from your normal commute.
Company Vehicle
If you commute to work in a company vehicle, then driving a company vehicle might make your commute work-related. This is up to the specific terms of your employment and use of the vehicle in many cases, and it might not be enough that the employer owns the truck or car you use.
What About Out-of-State Travel?
If you were injured in Pennsylvania, then your injuries should be covered under Pennsylvania’s Workers’ Comp system, even if you were traveling when the injuries occurred.
Similarly, if your injuries occurred out of state, then you might use the other state’s Workers’ Comp rules. Pennsylvania law might also allow you to file your claim here under our rules if your employer is principally located in Pennsylvania.
Rules for Personal Activities
If you stop doing work tasks and perform personal activities, then injuries during that part of the travel likely will not be covered.
This means, for example, that attending a lunch meeting would be work-related, but if you stop to pick up a few things from the pharmacy on the way back to the office, that part of the travel would not be covered.
It also might mean that personal sightseeing or tourism activities during a work trip would not be covered, though drawing the line between work-related outings and personal outings can be difficult during work trips. This is especially difficult if you went on these outings with coworkers as a team-building or work bonding event.
FAQs for Getting Travel Injuries Covered Under Workers’ Comp
Are Injuries During a Commute Covered?
Usually, the “coming and going” rule stops coverage if your injuries occur during your regular commute. However, errands during a commute, trips to different locations, trips between work sites, and other exceptions might allow accidents to be covered.
Are Injuries Covered During Work Trips?
Injuries during extended work trips or long-distance travel are usually covered if they were required as part of your work.
Are Out-of-State Injuries Covered?
If your employer is principally located in Pennsylvania, you may be able to use Pennsylvania’s Workers’ Comp system for compensation for injuries in another state during work-related travel.
How Long Do I Have to Make a Claim?
Work-related injuries need to be reported to your employer within 21 days in most cases, though you have up to 120 days before your claim would be blocked. After your claim is denied, you can file a Claim Petition with a Workers’ Comp Judge within 3 years of the injury.
Is Vehicle Damage Covered Under Workers’ Comp?
Typically, Workers’ Comp does not reimburse for property damage. However, if you were performing work tasks when your crash occurred, then that travel should have likely been covered under your employer’s auto insurance policy anyway. This might cover vehicle damage, whether you were driving your own vehicle or a company vehicle, depending on policy terms.
Call Our Workers’ Compensation Lawyers in Pennsylvania Today
Call (267) 651-7945 for a free case evaluation with Cardamone Law’s Allentown, PA Workers’ Comp lawyers.
