Many businesses require employees to travel. Sometimes this travel is local, or at least entirely within Ohio. Other times it will be in a region, like the Midwest, or across the country. Some businesses may also require employees to fly overseas regularly. Extended employee travel creates increased risks for workers. And when travel leads to accidents and injuries, traveling employees face a lot of questions, financial instability, and whether they can receive workers’ compensation benefits.
Injured workers in Ohio deserve experienced legal help, and this is where our certified workers’ comp lawyers Adrienne Hines and Victor Kademenos at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA can help. We have decades of collective experience in pursuing workers’ comp for injured employees and now what to do if your accident happened while traveling for your job.
Traveling Employees Are at Risk for Injury
Some travel-related injuries are covered by the Ohio workers’ compensation system. But, sometimes they are not. Simply because a person is out of town for work does not mean that an injury sustained on the trip is work-related.
Work travel puts emplyees at risk for the following accidents and injuries:
- Vehicle collisions in rental vehicles, buses, taxis, or ridesharing services
- Airplane accidents
- Slip and falls or accidents within airports
- Public transportation accidents
- Injuries in hotels or other rental properties
- Work site or office accidents
- Injuries on a client or customer’s premises
Let Us Answer Your Travel-Related Workers’ Comp Questions
Ohio workers’ compensation covers injuries that occur in the course of employment or arise out of the employment. When an injury happens in the course of employment, this refers to a work-related accident on the business’s premises or at a work site. There is usually little doubt that injuries sustained during these accidents are covered by workers’ compensation benefits. However, injuries can also arise out of a person’s employment. This means the injury did not necessarily occur during traditional work hours or on the business’s premises but was related to the risks associated with the position.
When an employee’s injury occurs while traveling for work, there are questions regarding whether the injury occurred in the course of or arising out of the employment. If an accident occurred at a business’s office in another city or while the employee was working abroad, then your claim has a lot of support. However, injuries that occur while an employee is traveling for work but not performing job duties at the time are another story.
Contact Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA today at (419) 625-7770.
Are Travel-Related Injuries Covered by Workers’ Comp?
Whether or not travel-related injuries are covered by workers’ compensation benefits depends on the circumstances.
Ohio has a workers’ compensation law known as the “coming and going rule.” When workers are hurt while commuting, their injuries are not covered. In-town or local travel for work is a necessity and employers are not responsible for a workers’ injuries that occurred on their own time, outside of the job.
However, there are differences when individuals travel further away for work or are consistently required to travel.
When people are required to travel, then workers’ compensation benefits may cover injuries sustained during this necessary travel. Whether an employee was injured in a car accident on the way to the airport or hurt at their hotel is covered depends on if the employer or insurer believes the injuries were sustained in an act necessary for their job.
If you are hurt while going to the airport for a flight, which was booked and paid for by your employer, you have a strong case for benefits. However, if you get hurt after falling in the hotel bar while visiting old friends in the area, your case for benefits is weaker.
Proving You Were Hurt While Traveling for Work
Traveling employee workers’ comp cases often come down to proving that the injured worker was acting on behalf of the employer. To determine this, an injured worker and their attorney can provide evidence that:
- The time, place, and circumstances demonstrate that it happened in the course of employment
- The proximity of the place of the accident to the place of employment
- There was a causal connection between the injury and employment
- The amount of control the employer had over the place of the accident
- The benefit the employer obtained by the employee’s presence where the accident took place
Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA can help you prove that you were acting for your employer when you sustained injuries. Contact our certified workers’ compensation attorneys Adrienne Hines and Victor Kademenos today at (419) 625-7770 for more information.
Third-Party Liability for Travel-Related Injuries
Whether or not an injured employee can receive workers’ compensation benefits, they may have a right to bring a third-party personal injury claim against another individual or business responsible for their injuries. For instance, if an employee was hurt after slipping on the greasy tile at their hotel, they may have a premises liability claim against the hotel owners or management.
It depends on whether a party independent of the employer was negligent, reckless, or intentional harmful toward the employee.
How An Ohio Workers’ Compensation Lawyer Can Help
There are many gray areas in workers’ compensation coverage for traveling employees. When people get hurt during work-related travel, they should contact the experienced Ohio workers’ compensation lawyers of Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA right away. While an employer or insurer may seek to deny a workers’ compensation claim, a lawyer can navigate the claim process, answer questions, and could be the difference in an injured worker obtaining benefits.
Many of our attorneys are certified by the Ohio Bar Association in workers’ compensation law, which means we have obtained special training to represent injured workers. We not only understand the ins and outs of Ohio workers’ comp law but also have experience handling the complexities of injuries sustained while traveling.