QUESTION
Does worker's compensation cover me if I get injured during the travel to and from work or is just on the return home from work?
Asked on Aug 27th, 2013 on Personal Injury - Georgia
More details to this question:
I was in involved a wreck on my way to work and going to need an operation to return back to full duty at work. The doctor said I will have up to 4 to 5 months recover time. I was told that I may be covered on workers compensation during my travel to and from work.
12 ANSWERS
Ronald A. Steinberg
Under Michigan law, both, but only close in proximity and time to the employment, as I understand it.
Answered on Sep 05th, 2013 at 8:44 AM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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Work comp will pay some bills but you should elect to hire your own attorney to represent you vs the at fault party.
Answered on Sep 04th, 2013 at 1:59 PM
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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Generally workers's compensation does not cover an injury while traveling to and from work. However, if you were on the employer's property or out of town for work, you might be covered depending upon the specific facts.
Answered on Sep 04th, 2013 at 1:59 PM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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Not necessarily you can almost make a claim against at fault driver.
Answered on Sep 04th, 2013 at 1:59 PM
NA richard@jandjlaw.com
Generally going and coming is not considered to put you in the course of employment. Consult w/ a work comp lawyer for the facts of your case, though.
Answered on Sep 04th, 2013 at 1:59 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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It is my understanding (I am NOT a work comp lawyer) that this varies from state to state. I believe in Michigan you are not generally covered to/from work by work comp, but I believe there are some exceptions if you are in a company vehicle, if there are certain requirements that you are on call, etc. You would be best served by having a consultation with a local Michigan attorney (if you are from Mi. and the incident happened in Mi.) to explore all your facts and how the law applies to same. In Michigan you would also have No Fault insurance on your car that is available for PIP benefits, although there is an offset for work comp paid. Since your matter is somewhat complex, again, I'd suggest meeting in person with a lawyer to determine your rights vs. trying to handle this on a forum like this.
Answered on Sep 04th, 2013 at 1:59 PM
Personal Injury Attorney serving Beverly Hills, CA
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Hyp Law Group
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You should immediately retain the assistance of counsel. Most attorneys that would handle this matter, including our firm, would not take or charge any money from you. They would represent you on a contingency basis. But if you wish to receive a fair settlement, you must seek legal advice.
Answered on Sep 04th, 2013 at 1:58 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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Usually, travel to and from work is not compensable under Georgia's Workers Compensation Act, but there are exceptions. You should consult an attorney. Further, if you were not at fault for the wreck, you may have a claim against the individual that was at fault.
Answered on Sep 04th, 2013 at 1:58 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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As a general rule, WC covers people in the course of their duty, to and from work, if the person is going directly to work or directly from work (i.e., no stops to a grocery story or a friend's house, etc.). Who was at fault for (caused) the wreck?
Answered on Sep 04th, 2013 at 1:58 PM
Thomas Edward Gates
The travel must be between work and the job site. Not, home to work or work to home.
Answered on Sep 04th, 2013 at 1:58 PM
James Eugene Hasser
You don't give enough facts for me to fully answer the question. It depends on whether you were on the job at the time and whether that travel is essential to your duties.
Answered on Sep 04th, 2013 at 1:58 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Iffy thing probably. You are not in the course and scope of your employment. Why should you be covered? See a good comp lawyer.
Answered on Sep 04th, 2013 at 1:58 PM