One thing that workers are commonly confused about is whether they would be covered by workers’ compensation if they suffer injuries in a work-related vehicle crash. The short answer is that coverage generally depends on how related to their work the crash is.
A workers’ compensation insurers’ determination about whether crash injuries are covered is typically based on whether it occurred during the “course and scope” of a person’s job. Examples of travel that would likely qualify include things like:
- Driving between worksites or locations for work-related purposes (like a regional manager visiting various stores as part of their job)
- Transporting one or more employees for work-related purposes (like a bank branch manager giving a teller a ride to another branch)
- Running a work-related errand (like picking up supplies) or attending an event like a conference
If there’s a gray area around whether travel was work-related or personal, generally, qualification for workers’ compensation will be decided based on the extent to which the travel was work-related or directed by their employer.
The “coming and going” rule
What’s not covered in most cases is travel to and from work. That includes travel during a lunch hour or break time. This is called the “coming and going” rule.
There may be exceptions if a person has to drive through unusually dangerous conditions to get to work. For example, if someone works on a construction site that requires driving on unpaved roads or unplowed roads.
Typically, as long as the travel qualifies as being within the course and scope of employment, it doesn’t matter whether the employee or another driver was responsible for the crash. However, there are exceptions if an employee was responsible for a crash because they were drunk, otherwise impaired or doing something extremely reckless at the time.
Other potential sources of compensation
Even if someone is injured in a crash that is determined to be non-work related, they have the right to seek compensation from the other driver(s) involved in the crash if those drivers were mostly at fault based on Connecticut law. If a defective vehicle was to blame, another type of third-party claim may be possible.
Getting compensation for a crash can be overwhelming to think about – especially when dealing with serious injuries and getting medical treatment. Depending on how complicated the situation is and whether there’s pushback about seeking workers’ compensation benefits, it can be wise to seek legal guidance to help sort out the situation and get the necessary compensation.