Can You Claim Delaware Workers’ Compensation if You Are Hurt While Commuting?
Employees generally cannot get state workers’ compensation benefits if they are injured while coming or going to work. Essentially, the idea is that the employer can’t control how the employee gets to work or what she does while she is commuting. At Silverman, McDonald & Friedman, our Delaware workers’ compensation lawyers understand this law. However, we also understand that exceptions do apply and fight to obtain justice for clients in Wilmington, Newark, and Seaford.
Exceptions to the coming and going rule for commuting
The common denominator in most employee exception cases is that the employee was doing something to benefit the employer during the commute. Here are a few examples where the commuting employee could claim workers’ compensation benefits if an accident happened before they got to the office or after they left the office parking lot:
- The employee works from his car or is expected to use his/her car to see clients and customers. Common examples in this category are salespeople, some healthcare workers—such as nurses—who travel to an elder person’s home, and dog trainers who go to the dog owner’s home to train or groom the pet.
- Workers who are on-call and needed to be at the work location on a moment’s notice.
- If the employee is expected to attend a trade show or is at an event that is not near the employee’s home (such as a client who lives in Delaware but attends a New York product show), then any driving the employee does, including getting to the event or leaving the event, may be covered.
- Employees who run errands or who are on assignment for the employer on the way to work or when going home can usually claim work injury benefits if they get into an accident helping the boss.
- The employer gave the employee a company car or permission to charge for expenses to and from work.
If a business purpose for the commute can be shown, a Delaware workers’ compensation attorney can argue that injured workers should get their medical expenses and their fair share of lost wages paid.
Don’t assume you don’t have a work injury case. Often an experienced Delaware work injury attorney can make a legitimate argument that your case is an exception to the rule. For help now, please call Silverman, McDonald and Friedman by phoning 302-888-2900 or completing our contact form. Our Wilmington, Newark, and Seaford workers’ compensation attorneys are standing by to represent your interests.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.