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Was Your Injury Work-Related?—Part Two

April 9, 2021 By Mark Pinnie

Can You Get Workers’ Compensation for Injuries Suffered While Traveling?

Was Your Injury Work-Related?—Part TwoIn Pennsylvania, as in other states, when you’re hurt during the course of your employment, you have the right to file for benefits under state workers’ compensation laws. In most cases, there’s little doubt about whether injuries are work-related, but in some situations, there can be uncertainty. One such situations is when an employee is traveling for work.

Injuries Sustained on Your Commute

As a general rule, injuries you suffer on your way to or from work—in a car accident, for example—are not covered by workers’ compensation. However, if you detour from your normal commute route to take care of some work-related task, you can get workers’ compensation benefits for injuries suffered on the detour. If your boss asks you to pick up food for co-workers on your way in, or stop at the post office on your way home, you can be eligible for workers’ compensation benefits if you are in an accident while on the detour.

Furthermore, if the nature of your work puts you immediately on the road at the beginning of the day, you may be entitled to workers’ comp for an accident. For example, if you leave your home and head directly to your first sales appointment, you may be able to collect workers’ compensation benefits if you are in a car wreck on the way to that appointment.

Injuries While at Conferences, Conventions, or Similar Events

If you are required to travel to a conference, seminar, convention, training, or other similar event for work, you can get workers’ compensation for injuries incurred on the way there or even while there, provided the activities you’re engaged in at the time of injury are not wholly personal. For example, if you slip and fall in the restaurant while at a convention, you should be eligible, as you had to eat while you were there. However, if you go to the gym at your hotel and hurt yourself on an exercise machine, your injuries probably won’t be covered.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of injured workers in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, e-mail, and videoconference. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Filed Under: Workplace Injury Tagged With: Is It Work-Related?

Was Your Injury Work-Related?—Part One

March 12, 2021 By Mark Pinnie

Are Injuries During Breaks Covered by Worker’s Comp?

Was Your Injury Work-Related?—Part OneWhen you’re hurt on the job in Pennsylvania and can’t work, you have a right to seek benefits through a workers’ compensation claim. To qualify for workers’ compensation, there are only two requirements—you must suffer an injury, and the injury must be work-related. That means it must happen in the course of your duties or while you are on the job.

In many instances, there’s little dispute that an injury is work-related. If you slip and fall while doing your job or are hurt when a machine or piece of equipment malfunctions, it’s clear that your injury is work-related. But in a number of situations, there might be questions about whether you were on the job at the time. In this blog, we’ll look at one of them—injuries suffered during a break

Injuries Suffered During a Break

Under state and federal labor law, employees are permitted periodic breaks, including a lunch break, based on the number of hours worked. What if you slip and fall in the lunchroom, or cut your hand on a soda machine? You weren’t actually working at the time—can you still get worker’s comp benefits?

As a general rule, the answer is yes. Periodic breaks are considered part of your employment. You may be prohibited from collecting benefits if you were engaged in horseplay or clearly violating company policy at the time of your injury, but otherwise you should be covered.

The rules are a little different, though, if you leave the employer’s premises for a break. For example, if you leave the facility to go to lunch, and you get in a car accident, you most likely won’t be able to collect workers’ compensation benefits, unless you were performing work-related duties at the time. If your boss asked you to leave the premises and pick up food for co-workers, you would be covered.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of injured workers in Pennsylvania since 1980. We offer a free initial consultation. We are currently communicating with clients by phone, text message, email, and videoconference. To schedule an appointment, call us at 610-565-4055 or contact us online.

Personal Service | Dedicated Advocacy | Cutting-Edge Technology

Filed Under: Workplace Injury Tagged With: Is It Work-Related?

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From Our Blog

Can You Get Workers' Compensation for Injuries Suffered While Traveling? In Pennsylvania, as … [Read More...]

Are Injuries During Breaks Covered by Worker's Comp? When you're hurt on the job in … [Read More...]

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