Am I Eligible for Workers' Compensation Benefits in Florida if My Injury Occurred Outside of the Workplace but During Work Hours?

Workers’ compensation benefits are available outside the traditional workplace.

That is a long question with a short answer, which is “yes.” It’s also a question we hear much more frequently in the post-COVID era. Before the pandemic, 7% of workers with jobs that can be done remotely are working from home all of the time. As of March 2023, that figure was 35%. Workers’ comp benefits are also available for injured workers whose jobs require travel.

Injury location may vary, but injury severity does not vary. A broken arm is a broken arm, no matter where it occurs. Therefore, if that injury was work-related, a Pasco County workers’ compensation lawyer can obtain compensation for lost wages and medical bills. Most victims receive two-thirds of their average weekly wage (AWW) for the duration of their temporary or permanent disabilities. The medical payment benefit is comprehensive, and victims are not financially responsible for any unpaid bills.

Workers’ Comp and WFH

For workers’ compensation purposes, an offsite home is an onsite office. If a victim slips and falls on the way to the bathroom, workers’ comp benefits apply at either location. These benefits usually include lost wage replacement and medical bill payment.

For a Pasco County job injury lawyer, WFH injuries are mostly uncharted territory. Two doctrines often come into play in these situations.

Traditionally, the coming and going rule applied to similar injuries. Workers’ comp does not apply if a worker is in a car crash during rush hour. This rule does not apply if the employee’s home is a second workplace. Usually, an employee’s home is a second workplace or worksite if the employer expressly approves or authorizes the employee to work from home, but not if the employee chooses to work from home out of personal convenience. More on that below.

Work schedules come into play as well. Was the victim an hourly worker with a fixed schedule, a salaried worker with a flexible schedule, or a piecemeal worker who gets paid upon project completion?

Another claim might occur if an employee is injured while getting coffee or going to the bathroom at home. Under the personal comfort doctrine, an injury is compensable if the employee was engaging in activities necessary for their personal comfort or welfare and that activity was part of normal working conditions.

Workers’ Comp and On the Road Again

Once again, traditionally, workers’ comp did not apply if the victim was coming or going. But this rule is a bit outdated in our modern business travel and multitasking environment.

Ordinarily, if Tim slips and falls at the airport, he is ineligible for workers’ compensation benefits. But if he is at the airport waiting for his work-related flight, workers’ comp may be available, even if he was not engaged in work-related activities at the time.

The same principle could apply if Tim got in a car crash on his way to the airport. That trip was arguably an extension of his business-related travel.

Furthermore, many employers expect salaried workers to be on call 24/7/365, at least to answer emails and other such communications. In these cases, workers’ comp could apply even if the victim was out and about.

Reach Out to a Pasco County Workers Compensation Lawyer

Victims need and deserve compensation for their injuries. For a confidential consultation with a Board Certified workers’ compensation lawyer in Pasco County, contact the Rooth Law Firm. The sooner you reach out to us, the sooner we start working for you.