For many people, the majority of the driving that they do during a week is just driving to and from work. That is why having reliable transportation is so important. That commute is a requirement for their career.
It is also the time when they are exposed to significant accident risks. If 75% of a person’s driving is just commuting, the odds are fairly high that they could be injured in an accident during that commute. If this happens, would they then be able to seek workers’ compensation benefits?
Not in most cases
Generally speaking, the answer is no. Workers are not considered to be acting as employees during their commute, whether they are driving to the office or going home in the evening.
It is true that the only reason they are making that drive is because they are employed, but it is still seen as their personal time, before they have signed in or begun performing any duties related to that employment. As such, they do not qualify for workers’ compensation benefits.
But it is important for employees to remember that there are some exceptions to this rule. For instance, some employees are given work-related tasks during their commute, like picking up supplies. If they are performing work-related duties, then they may deserve workers’ compensation benefits after an accident.
Another exception is if the driving is being done specifically for work, such as when an employee has to drive between different locations during the day. They would likely qualify for workers’ compensation benefits, as that driving is separate from their daily commute.
If you have been injured in a car accident while you were acting as an employee, it is crucial that you know what legal steps to take to seek appropriate workers’ compensation benefits.
