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Workplace injuries don’t always happen at a desk, job site, warehouse, or other fixed workplace. Some California employees spend significant portions of their workday traveling between locations, meeting clients, making deliveries, attending conferences, or completing assignments away from their employer’s regular place of business.
When an injury occurs during that travel, determining whether workers’ compensation applies can become more complicated. Being away from the workplace does not automatically bar a claim. Instead, an important question is whether the employee was traveling for work when the injury occurred.
At Hanning & Sacchetto, LLP, our Whittier workers’ compensation attorneys help injured employees understand when injuries sustained away from their usual workplace may qualify for benefits under California law.
Ordinary Commuting Is Generally Treated Differently From Business Travel
California workers’ compensation generally distinguishes between an employee’s normal commute and travel performed as part of the job.
Under what is commonly called the “going and coming rule,” injuries sustained while traveling between home and a regular workplace generally are not considered work-related. However, the circumstances can change when an employer requires or benefits from the travel.
Potentially work-related travel may include:
- Driving from one jobsite to another.
- Visiting a customer or client.
- Making a delivery or picking up work materials.
- Attending an off-site meeting or training session.
- Traveling to a conference or other employer-directed event.
- Completing a special assignment away from the usual workplace.
Whether workers’ compensation applies depends on the facts surrounding the trip, not simply where the injury occurred.
A Special Work Assignment Can Change the Analysis
An employee who normally works at one location may occasionally be asked to travel to another location for a specific business purpose. If an injury occurs during that trip, the travel itself may be sufficiently connected to the employee’s work to support a workers’ compensation claim.
For example, an employer might ask an employee to stop at another location before arriving at work or to make a business-related trip after leaving the regular workplace. These circumstances differ from an employee simply driving the normal route to or from work.
Details such as who requested the trip, why the employee was traveling, and how the travel benefited the employer can become important when the claim is evaluated.
Business Trips Can Extend Work-Related Risks Beyond Normal Hours
Employees traveling overnight for work may encounter risks outside their traditional working hours. For example, a worker attending an out-of-town conference may need transportation between an airport, hotel, meeting location, and employer-sponsored activities.
An injury does not necessarily fall outside workers’ compensation simply because it happened after the employee’s usual workday ended.
At the same time, not every activity during a business trip is automatically work-related. Questions may arise when an employee substantially departs from the trip’s business purpose to engage in a purely personal activity; the specific circumstances surrounding the injury matter.
Driving Injuries May Involve More Than One Type of Claim
When an employee is injured in a vehicle collision while traveling for work, workers’ compensation may not be the only potential source of recovery.
If another driver caused the collision, the injured employee may have a personal injury claim against that driver in addition to a workers’ compensation claim. These claims work differently and may compensate for different losses.
Because benefits and potential third-party recovery can overlap, employees facing this situation should understand how pursuing one claim may affect the other.
Documentation Can Help Establish Why the Employee Was Traveling
When an injury happens away from the usual workplace, insurers may examine whether the employee was actually performing work-related duties at the time.
Evidence that may help clarify the purpose of the trip includes:
- Emails or messages directing the employee to travel.
- Work schedules and assignments.
- Mileage or expense reimbursement records.
- Meeting or conference information.
- Delivery records.
- Communications with supervisors or clients.
Promptly reporting the injury and clearly explaining the work-related purpose of the travel can also help establish an accurate record of what occurred.
Injured Away From Work Does Not Always Mean Outside Workers’ Compensation
Travel-related workers’ compensation claims can depend on details that may seem minor at first. Where the employee was going, why the trip was necessary, who requested it, and what the employee was doing when the injury occurred can all affect whether benefits are available.
If you were injured while traveling for your job and have questions about whether your injury is covered, Hanning & Sacchetto, LLP can evaluate the circumstances and explain your rights under California workers’ compensation law. Call (562) 698-6446 or contact our Los Angeles County workers’ compensation attorneys online to schedule a free consultation.