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


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.

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