Injured On The Way
Does worker’s compensation cover an injury that an employee receives on his or her way into the office? Does it matter if he or she was returning from a work meeting? What about lunch? Understanding when worker’s compensation benefits may apply can be the difference between getting the compensation that you deserve and unintentionally filing a frivolous lawsuit.
Florida, like many other states, follows the “Coming and Going Rule.” Florida Statute § 440.092 outlines the terms under which an individual is covered under worker’s compensation when he or she is injured on the job.
The Statute states:
"An injury suffered while going to or coming from work is not a injury arising out of and in the course of employment whether or not the employer provided transportation if such means of transportation was available for the exclusive personal use by the employee, unless the employee was engaged in a special errand or mission for the employer."
Thus, if an employee is on his or her way to work and is, unfortunately, injured, then he or she will not be covered under Florida worker’s compensation benefits.
If, however, an individual is an employee who is required to travel for work, then he or she may be eligible for benefits. A traveling employee’s injuries must have arisen out of and in the course of his or her employment, while he or she was actively engaged in his or her duties.
If you or someone you know has been injured while traveling for work and your employer has denied your worker’s compensation claim, contact an experienced Florida Worker’s Compensation attorney.
The Hoffman Firm has represented clients injured on the job and in the course of their employment throughout the courtrooms in Broward County, Miami-Dade County, and Palm Beach County, Florida for years.
An experienced attorney can help you navigate the insurance system so that you receive the benefits that you are entitled to.
Call Attorney Evan A. Hoffman at (800) 223-1866 now for a free consultation.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More