• When Commuters are Eligible for Workers’ Compensation
  • December 19, 2017
  • Workers’ Compensation laws are in place to protect workers if they are injured on the job. However, the laws behind eligibility for Workers’ Compensation can sometimes be vague or confusing, especially when an injury happens during a commute. Workers with injuries sustained during a commute typically are not eligible for compensation because the injury occurred outside the scope of employment. However, this rule does have exceptions.

    Some jobs like truck driving involve workers spending lots of time the road when they are on the job. Police officers, paramedics, delivery drivers, or anyone in a company vehicle might be eligible for compensation if they are on the clock at the time of their injury.

    Under Pennsylvania state law, there is a serious injury threshold law that can apply to injured commuters if they can prove that their quality of life has been greatly affected by an injury. This caveat covers a wide range of injuries from broken limbs to brain damage or even death. If a serious injury affects a worker’s ability to do their job or day-to-day activities either temporarily or permanently, then that employee is likely eligible for Workers’ Compensation under the serious injury threshold law. This does not apply in all states, however.

    Gray Area
    There are many instances where it is unclear if workers are eligible for compensation. For instance, if a worker is running errands for an employer in their own vehicle. In this instance, because they were doing a favor for an employer, they may be eligible for Workers’ Compensation if they are injured while performing this duty.

    Employment contracts can also include wording that indicates if a worker is eligible for compensation while travelling to or from work. If an employee does not receive an employment contract with a clause regarding Workers’ Compensation, it does not mean they are not eligible to collect. Filing a claim might be more difficult without this clause, however, so it is important to have a knowledgeable lawyer to guide the process.

    Philadelphia Workers’ Compensation Lawyers Assist Injured Workers and Commuters
    If you or someone you love has been injured on the job, contact a Philadelphia Workers’ Compensation lawyer at the Law Offices of Jeffrey S. Gross. Call 267-589-0090 or complete our online form to schedule an initial consultation. Our offices are located in Philadelphia, allowing us to serve Pennsylvania and New Jersey.