• Off-the-Clock Workplace Accidents
  • September 14, 2017
  • When someone is injured on the job, Workers’ Compensation insurance will help them during the recovery phase. Coverage generally includes medical bills, medication, costs of transportation, and other related out-of-pocket expenses, along with about two-thirds of lost wages. When a worker is disabled, they may receive a lump sum settlement. If a worker is fatally injured on the job, the benefits will go to surviving dependents.
    Workers know they are covered when they are injured on the job, but what happens when a worker is injured when they are not on-the-clock? To figure this out, there must be a clear understanding of when the work day begins and ends. Even when there are clear parameters, though, work times can sometimes overlap with personal activities. Additionally, there is also a murky area of liability when a worker is injured on the commute to or from work, in the parking lot at work, or at unscheduled work activities.
    Most states follow the “while in the course of employment rule,” meaning that if the employee is performing work duties when injured, the accident is covered by Workers’ Compensation, no matter where the accident took place. Most states do not cover accidents that occur while an employee is traveling to or from work – unless the employee is performing work duties that require travel elsewhere, and the employer benefits from it.
    Workers’ Compensation may also cover an accident under the following conditions:
    A special work-related task that interrupts an employee’s normal routine
    An injury on a sidewalk or in a parking lot that is controlled by the employer
    An injury that occurs while performing a work-related duty while off the clock
    After-hours visits to the workplace that are not prohibited by the employer
    Injuries can and do happen off-the-clock all the time. If you have suffered a work-related injury, call Jeffrey S. Gross, the Philadelphia Workers’ Compensation lawyer, at 215-512-1500 or 267-589-0090, or complete our online form for a free consultation. Our office is conveniently located in Philadelphia.