Employees who are involved in a car accident while performing their work-related duties are normally entitled to Workers’ Compensation benefits. Delivery drivers, emergency responders, and even postal carriers may seek partial pay and continued medical coverage while they recover from their injuries, either at home or in a hospital. A worker who is injured during a commute to or from work may not be eligible for Workers’ Compensation. This is because the Pennsylvania Workers’ Compensation Act does not explicitly consider an employee’s commute to be part of their employment.
Exceptions to that rule do exist, however, according to Philadelphia Workers’ Compensation lawyers. Certain employees – such as some pharmaceutical representatives, traveling salespeople, and home health aides – have no fixed place of work and must travel to various sites during the course of their workday in order to do their jobs. Others may have a transportation clause in their contract specifying that time spent traveling to and from their job falls within the scope of their employment. Under both scenarios a worker who becomes injured in a car accident may seek Workers’ Compensation benefits.
Some parties have prevailed by demonstrating that their accident or work injury occurred while performing a special task for their employer. An employee who is running errands on behalf of a supervisor or manager can argue that their accident would not have occurred but for the errand. Similarly, employees who were acting in furtherance of their employer’s business – such as traveling to or from a job fair or business conference – could potentially prevail on a Workers’ Compensation claim, even if they traveled to or from the location from their home.
Documentation is Key in Proving a Work-Related Injury
Although difficult, these exceptions are not impossible to prove. An employee who has suffered a work injury may need to establish through documented evidence that they were acting at the behest of their employer at the time of their car accident or that they are not normally based in an office or other central location.
Philadelphia Workers’ Compensation Lawyers at E.S. Borjeson & Associates
Seek Justice for Victims of Work Injuries
If you have been injured while traveling to or from work you may still be entitled to partial pay and benefits while you recuperate at home. The Philadelphia Workers’ Compensation lawyers at E.S. Borjeson & Associates can assist you in all aspects of your Workers’ Compensation claim. With offices conveniently located in Center City Philadelphia, we represent clients throughout the region. Call 215-772-3020 or contact us online to schedule a confidential consultation today.