Law Firm Blog

Will I Get Workers’ Compensation if I Have an Accident on My Way to Work?

June 26, 2020

If you are injured while commuting to work in Florida, call a workers’ compensation lawyer to learn more about your rights

Workers’ compensation provides financial compensation to pay for a workers’ medical benefits, as well as a portion of their lost wages, if they are injured while on the job. While any activities that happen at work or in the designated physical working space are usually covered under workers’ compensation, whether or not workers’ compensation coverage applies for injuries that do not happen at work may be less clear. For example, does workers’ compensation insurance apply if an employee has an accident on the way to or from work?

Consider the following about workers’ compensation coverage for what is known as “coming and going” accidents in our state:

Coming and Going Accidents in Florida

Whether or not an employee is covered under workers’ compensation insurance for an accident that occurs on the way to work depends on the circumstances and, most importantly, whether the employee was engaged in a “special errand or mission for the employer,” as found in Florida Statutes Section 440.092. According to the same section of Florida statute, any injury that occurs while the employee is coming or going to work–i.e. commuting to or from the job–is not considered an injury that arises out of the course of employment and the nature of the work and is therefore not eligible for workers’ compensation insurance. This is true even if the employee is using an employee car or a means of transportation provided by the employer unless, as stated above, the employee was doing some special errand or mission for purposes specifically related to their employment at the time that the accident occurred.

There is one exception to the rule above: If the employee is a police officer, then it shall be assumed that coming and going to work–in an official law enforcement vehicle–is a work-related activity and therefore any injury that occurs will be covered under workers’ compensation insurance unless the accident occurred while the officer was performing a personal errand.

What if I am Traveling for My Job?

Even if you are not covered under workers’ compensation for the time that you commute to and from work, you may be covered under workers’ compensation if you are required to travel for your job. If you are required to travel and suffer an injury while in travel status, your injuries will be covered if you were “actively engaged in the duties of employment” at the time that your injury occurred.

Get Help from an Experienced Workers’ Compensation Attorney

Knowing your rights when you’re injured can be confusing, especially if your injury does not occur in your physical office or workspace. To learn more about workers’ compensation in Florida and how our workers’ compensation lawyer at the Rooth Law Firm, P.A. can help you, please call our office today for your free consultation.