Are Injuries Sustained While “Going Or Coming” Compensable?

In general, it can be said that Florida’s workers’ compensation law covers any employee injured while acting within the “course and scope” of their employment, meaning that they were involved in some kind of action that furthers their employer’s business. However, this does create some gray areas, most notably accidents that happen while a person is en route to or from work. Each case is different, but the right attorney can help.

Commuting Not Covered

State workers’ compensation law is fairly straightforward in holding that an injury sustained while “going [or] coming” from work is not compensable unless the injured employee was engaged in a “special mission or errand” for their employer. The law does address more specific situations – for example, for law enforcement officers (LEOs) or traveling workers – but the requirement of acting within the scope of employment still remains.

This may seem counterintuitive to some, since without the impetus to come to work, an injury sustained ‘going or coming’ would not have occurred – but Florida law is strict, only assigning responsibility to employers while an employee is on their premises (in most cases). Commuting is considered an activity done at one’s own risk, unless they are commuting from one employer-owned location to another.

Frolic Or Detour?

There are many situations in which an injured employee may be eligible for workers’ compensation benefits, even if they were not injured at their post. Workers who travel for their job are usually eligible even though they are not on their employer’s premises for very long; the most common example would be a delivery person employed by a restaurant (as opposed to those who work for DoorDash or another delivery service, given that these people are usually independent contractors).

That said, one thing to keep in mind is the concept of the ‘frolic’ – that is, an unscheduled major deviation from employer business, such as going home for a nap while en route to a worksite. Even if done with permission, a frolic can jeopardize an employee’s ability to claim workers’ compensation benefits even if their traveling would fall under the exemption. If one is injured during a frolic, the injury is not compensable.

Call An Orlando Workers’ Compensation Attorney

Workers’ compensation law in Florida is fairly straightforward on its face, but in reality, the little details matter. An Orlando workers’ compensation attorney from the Hornsby Law Group can help ensure your claim for benefits goes as smoothly as possible. Contact our office today to schedule a consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.092.html