Does Workers Comp Cover If I Am Hurt At Work Off The Clock or Traveling To and From Work?

by Steve Fields | June 15th, 2018

If you are hurt at work, but were off the clock or travelling to or from work at the time of the injury, whether you may claim that injury as Workers Compensation depends on various factors. There are some very specific situations situations where a claim for Workers Compensation benefits will be approved.

According to Minnesota Workers Compensation Law, work-related injuries must arise out of and occur in the course of employment. Generally, injuries sustained while traveling to and from your workplace are not covered by Workers Compensation.

However, there are a few exceptions to this rule. Though this list is not exhaustive, a few examples of the exception to this rule are as follows:

  1. If you are injured while traveling to and from work, you may be entitled to Workers Compensation benefits. If your employer regularly provides you with transportation to and from the place of employment, then you may file a Workers Compensation benefits claim if you are injured while being transported to or from work.
  2. Depending on where you were injured while coming and going to work, you may be able to file a work comp claim. Employers are required to provide safe ingress to or egress from the work premise. For example, you may have a Workers Compensation claim if you slipped on ice in the parking lot while walking from your car to the place of employment.
  3. An injury that occurs while traveling to and from work may be covered by Workers Compensation for employees who are required to travel as part of their job duties. There are multiple factors used by the court to determine whether a traveling employee has sustained a work injury while coming or going to work.

As you can see, the determination as to whether an injury may be claimed as Workers Compensation is very fact-specific. There are many factors that must be analyzed to determine whether an injury is eligible for Workers Compensation if it happens while at work but off the clock, or if it happens while traveling to and from work.

Workers Compensation Client Testimonial
“Thank you to Fields!

I severely injured my back at work doing an office fundraising charity event. I called in to report the workman’s compensation claim and they told me that it would not be covered as it was an optional event.

I was not happy with this response so I started calling to confirm that what my company’s Work Compensation insurance folks were telling me was correct. Zach at Fields Law Firm was the first to respond to an email I had sent. He took the time to listen to me and understand that nearly all employees at my work were urged to participate and that I was just trying to be a good employee and contributor.

The truth is that it is a very grey area of law and most times this event would not be covered as it was an optional event. However, because of the large participation by both employees and management Zach felt that it would be good to pursue a claim. Both Zach and Alvina were always pleasant, responsive (to my many questions) and great to work with.

I had my deposition at their office and they made it very stress free and convenient. The result was a settlement but not a huge claim as I did not want to leave my work. This also made it difficult for Zach as I did not want to leave my work and to pursue a large claim would have forced me to do just that.

It was not my work’s fault but I needed to look out for all my out of pocket expenses as I am a father of 4 and on a tight budget. We pursued for the correct result and my out of pocket expenses are now being covered. I am very happy with the result and hope I will continue to work there for some time to come.

I would recommend Fields (Zach and Alvina especially) to anyone in need of pursuing a Workers Comp claim denial, legal advice or issues with a claim.”
— Paul W., Inver Grove Heights, Minnesota

If you were injured outside of work, the Workers Compensation lawyers at Fields Law Firm would be happy to speak with you to gather more information regarding your injury. Based on the circumstances in which you were injured, we will help you determine if you have a Workers Compensation claim. Call us today at 1-888-343-5375 or fill out a free case review request form.