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Does Workers’ Compensation Cover My Commute?


Florida workers’ compensation laws cover employees’ injuries if they are sustained on the job. However, there is quite a lot of time that may or may not count as being ‘on the clock,’ such as the moments during breaks or lunch. One common situation where injuries may or may not be covered is during one’s commute. Florida, like many other states, recognizes what is known as the “coming and going” rule, which generally forbids coverage for injuries sustained during the route to or from work – but there are exceptions.

‘Mobile’ Employees Have More Options

Workers’ compensation law, in general, only covers injuries that happen on the employer’s premises, and only if they are reported to the employer within 30 days of the injury’s happening. However, not everyone’s jobs are centered around remaining on their employer’s premises – for example, a delivery driver or a job site inspector may spend the majority of their workday traveling. If people in these types of professions are injured while on the clock, they are likely to be covered by workers’ compensation even though their injuries did not happen at their employer’s main place of business.

For these types of workers, the important question if they are injured is whether they were acting within the scope of their employment at the time of their injury. In Florida, the way to determine whether someone was acting within the scope of their employment is threefold. Their conduct must have been (1) the type they are usually paid to perform; (2) within the ‘time and space’ limits of their employment; and (3) at least partially with a view to doing their employer’s business. If these three criteria are met, a more ‘mobile’ employee’s injury will usually be compensable.

Not All Claims Are Accepted

Another commonly seen exceptional situation, where a commute injury might be covered by Florida workers’ compensation, is if an employee is asked to perform a task by their employer specifically (whether in the ordinary course of business or as a special favor). Given that the employee would almost certainly not be in a position to be injured but for the request of their employer, it is understandable that workers’ compensation would cover such an injury.

It is important to understand that while workers’ compensation is a no-fault system, this does not mean that every claim will be accepted. If an injury has no ties to a person’s employment – for example, if someone is injured on their way to a store after work – workers’ compensation will not cover the harm they suffered. However, if you can establish that your attorney was related to your work, a knowledgeable attorney can help you get the compensation you deserve.

Contact An Orlando Workers’ Compensation Attorney

The majority of Florida workers are covered by workers’ compensation policies, helping to cover sudden bills if a job-related injury happens. If you have been injured at work, but you do not hold a traditional job where you remain on the premises all day, you may have questions about how to proceed. An Orlando workers’ compensation attorney from the Hornsby Law Group can help to get those questions answered. Call our office today for a free consultation.



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