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Blogs 2019 February Can I File for Workers' Comp If I Get Hurt During My Commute?
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Can I File for Workers' Comp If I Get Hurt During My Commute?

Posted By Law Office of James M. Stanley || 25-Feb-2019

Workplace accidents and injuries happen, whether you are at the job site or performing work-related duties away from it. Sometimes, they can occur when you’re driving to work in the morning or driving back home at night.

While a workplace injury is covered by workers’ compensation benefits in Texas, if an employee suffers an injury in a car accident during their commute, they are typically not eligible due to the “coming-and-going” rule. This means the time spent traveling to and from work is not considered part of an employee’s job duties.

However, there are some situations where it might be possible to file a claim for an injury sustained during a commute or while traveling, such as the following:

  • You were performing a “special mission” - Whether you’re picking up coffee in the morning for your office or you’re dropping off your manager’s package at the post office during your lunch break, special missions such as these are tasks requested by your employer and performed outside your regular work hours. If you suffered an injury while running errands for your boss during your commute, then you may be eligible for workers’ comp benefits.
  • The accident occurred on work grounds - You are automatically covered by workers’ compensation as soon as you enter the premises of your job site, including sidewalks, parking lots, and grassy areas as well. If you got hurt in collision in the parking lot when you arrived for work or when you were leaving, your injury may still be covered.
  • You were driving to and from multiple work sites - If you use your personal vehicle to travel to different job sites within a single shift, you can obtain workers’ compensation. This could apply if you were a plumber, salesperson, nurse, or another type of work which doesn’t have a fixed office schedule.
  • You were driving the company car - In most states, driving a company vehicle on your commute is covered. On the other hand, some states require you to only commute between your home and a fixed location.
  • You were on a business trip - Although this isn’t your routine commute, work-related travel is often covered by workers’ compensation--as long as the activity benefited your employer. Let’s say you were on a business trip and while you were on your way to a meeting with an important client, you were involved in a car crash. Since you were driving for your employer’s benefit from the hotel to the meeting, you could file a workers’ comp claim.

If you were injured while performing work duties in Fort Worth, TX, contact our experienced personal injury lawyer at the Law Office of James M. Stanley today. Get started on your case by scheduling a free consultation today.

Categories: Workplace Injuries

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The following is a sampling of some of the many cases we have had the privilege to handle on behalf of our clients. Each case is unique and must be evaluated on its own merits. Past results do not predict future results.​​

  • Catastrophic High Pressure Water Injury Resulting in Ruptured Colon, Infections, Multiple Surgeries Required

    NET TO CLIENT $3,069,546.66

  • Catastrophic Brain Injury/Motor Vehicle Accident

    NET TO CLIENT $3,018,051.78

  • Electrocution involving Defective Product

    NET TO CLIENT $2,491,510.87

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $1,119,736.98

  • Grandmother seriously injured when rear-ended by 18-wheeler oil

    NET TO CLIENT $977,516.95

  • Wrongful Death due to Employer Negligence

    NET TO CLIENT $852,773.73

  • Wrongful Death caused by Employer Negligence.

    NET TO CLIENT $841,000.00

  • Catastrophic Injury caused by Defective Product.

    NET TO CLIENT $714,000.00

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $728,664.19

  • Serious injury caused by 18-Wheeler blocking road

    NET TO CLIENT $584,309.41

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $443,360.00

  • Wrongful Death and Survival Action

    NET TO CLIENT $461,423.23

  • Wrongful Death of a Fetus and Serious Personal Injury

    NET TO CLIENT $584,062.75

  • Wrongful Deaths

    NET TO CLIENT $532,211.06

  • Wrongful Death of a child

    NET TO CLIENT $499,266.40

  • Serious injuries to driver of 18-wheeler

    NET TO CLIENT $465,230.35

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $359,520.00

  • Wrongful Death of a Child

    NET TO CLIENT $303,070.11

  • Wrongful Death of a Child

    NET TO CLIENT $380,345.57

  • Wrongful Death caused by physician negligence

    NET TO CLIENT$345,526.90

  • Serious Personal Injury

    NET TO CLIENT $352,813.23

  • Wrongful Death of a Child

    NET TO CLIENT $320,706.81

  • Medical negligence by hospital

    NET TO CLIENT $284,156.68

  • Wrongful Death Alcohol-Related Accident

    NET TO CLIENT $341,061.50


*The amounts reflected are the actual dollar amounts received by clients after deduction of attorney’s fees and expenses.
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