Does Workers’ Comp Cover My Injuries From Commuting or Company Functions?

Many accidents away from the workplace are covered by workers’ compensation, as long as you were on the clock at the time. Call Silverman, McDonald & Friedman in Newark, Seaford or Wilmington today to learn if you have a valid work injury case.

Most injuries to workers – in construction, industry, retail, professional services, healthcare, and other work sectors – occur where the employee works. Construction workers are injured by falling objects, due to slips and falls, or other causes. Industrial workers may be hurt while working with machinery or equipment. Healthcare workers may suffer a disease due to contact with an infected person.  With the pandemic, more and more workers are injured at home. Remote workers might be injured tripping over an extension cord, by carpal tunnel injuries from too much typing, or other reasons.

What about workers who are injured while they’re not at the remote office, the job site, or in their home? Do their injuries qualify for Delaware workers’ compensation benefits? The answer depends on several factors. Generally, you will qualify if you’re a salesman or making a home delivery because you’re on the clock and you’re working to reach customers. However, you likely won’t qualify for Delaware work injury benefits if you are injured during your commute from home to work, or work to home.

What if I’m injured in my vehicle?

In order to file for workers’ compensation in Delaware, you have to suffer an accident that is work-related or suffer an occupational illness. Generally, work-related means that the accident has to occur while you’re doing your job. To be covered for injuries from a car accident, for example, you must have been driving for the benefit of your employer. Activities that should be covered include:

• Doing an errand for your employer, such as picking up something he/she wanted you to bring to work
• Making deliveries, as businesses depend on getting their products to their customers
• Transporting another employee
• Your employer pays you for the time you take to commute to and from your job

You should also be covered if your occupation requires you to drive; for example, if you are a delivery person or trucker.

What if I’m injured at a work function?

Whether accidents at workplace functions are covered depends on a variety of factors. Your Delaware workplace injury lawyer will explain your eligibility. Generally, for workers’ compensation purposes, the company function, such as a company picnic or bonding activity, should be during workplace hours and/or during the course of your employment.

For example, a picnic during lunchtime involving all the employees should be covered. A softball game after hours will likely be covered, but perhaps not as clear-cut as the lunchtime picnic. Some of the factors that determine whether you qualify for Delaware workers’ compensation benefits include:

• Whether your employer expected all employees to participate
• Whether your employer benefited from the function
• Your company’s sponsorship of the event
• Where the event took place – for example, was it on company property?
• Whether the event was before, after, or during regular workplace hours
• How often the activity is held
• Whether participation in the event is voluntary

If you are required to attend a seminar away from the office or a meeting, such as a Chamber of Commerce event, then any accident that occurs should be covered. Also, if you are injured while driving to any company function, injuries due to the car accident may likely be covered by workers’ compensation.

Employers should generally avoid serving alcohol at company events or take steps to reduce alcohol consumption. They should also clarify whether attendance is mandatory.

Should I file a workers’ compensation claim or a personal injury claim?

If another driver caused the accident, you may file a personal injury claim against that driver. Talk to your attorney about what action may be more beneficial for your situation.

In both workers’ compensation cases and personal injury cases, your medical bills should be paid in full. In workers’ compensation cases, in Delaware, you get two-thirds of your lost wages. In personal injury cases, you’re entitled to 100% of your lost wages. In personal injury cases, you can demand compensation for your pain and suffering and the damage to your car. You can’t claim pain and suffering in workers’ compensation cases. You normally can’t claim damages to the vehicle in a work injury claim. In workers’ compensation cases, you do not need to prove fault.

If your injuries at a company function are due to the negligence of someone other than the employer, such as a maintenance crew that didn’t perform the repairs they should have, you might file a premises liability claim against the repair crew or other responsible parties.

There are many other differences between a workers’ compensation claim and a personal injury claim, and an attorney who handles both types of claims can explain. For example, there are different time limits. The cases are heard in different courts. In workers’ compensation cases, you need to start your treatment with employers selected by the employer. In personal injury cases, you can choose any doctor you prefer.

Generally, if you qualify for both a workers’ compensation case and a personal injury case, you can file both types of cases. Normally, you’ll file the workers’ comp case first because they pay your medical bills and part of your lost wages faster. If you do receive Delaware workers’ compensation benefits, your employer (or the insurance company for the employer) can file a “lien” against your personal injury claim. This essentially means that if you settle your personal injury case or obtain a jury verdict, that the employer/insurance company will then be reimbursed for the money they advanced.

You don’t need to worry if this all sounds a little confusing. Your attorney can guide you through the process, giving you the information you need to make an informed decision about what’s best for you.

At Silverman, McDonald & Friedman, our Delaware workers compensation explain when you qualify for workers’ compensation benefits. You should never assume that you don’t qualify – even if you’re injured away from the job site or office. To discuss your right to claim workers’ compensation benefits for any reason, please call us at 302.888.2900 or fill out our contact form to speak with our offices in Wilmington, Newark, and Seaford.