Off-Site Work Injuries

It is not uncommon for people to travel for work either on a regular basis or for a work-related event. Similarly, many people have adopted hybrid work schedules and will routinely work outside of their typical office environment. While New York law dictates that employees, injured while working, can recover workers’ compensation benefits, when people are hurt while working away from their regular workplace, questions can arise as to whether their harm is compensable. If you sustained off-site work injuries, it is important to talk to an attorney promptly about whether you may be owed workers’ compensation benefits. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a dedicated Rockland County workers’ compensation attorney, who can evaluate the circumstances surrounding your harm and aid you in pursuing any benefits available. Ms. Crown routinely represents parties in workers’ compensation claims in Rockland, Westchester, Orange, Dutchess, and Ulster Counties as well as in the greater metropolitan area.

While injuries away from the workplace can occur due to a variety of circumstances, some situations are more likely to cause such harm than others. Scenarios that often lead to off-site work injuries include business travel, client visits, and remote work environments.

For example, an employee, who regularly travels for work, may sustain injuries in a car accident. Similarly, work conferences, industry events, and visits to a client’s premises pose risks like slips, trips, and falls due to unfamiliar layouts, defects in walkways, and other hazards. Remote work, which may be conducted at home or at a location such as a shared workspace or coffee shop, can lead to injuries as well.

Common off-site work injuries include musculoskeletal injuries such as fractures, sprains, and strains and from falls, and repetitive strain injuries from prolonged computer use without proper ergonomic support.

Pursuant to New York’s Workers’ Compensation Act, employees, who suffer work-related injuries, can recover workers’ compensation benefits. Challenges can arise in establishing an employee was in the course and scope of job duties when he or she suffered off-site work injuries. Whether an injury is compensable depends, in part, on where the employee was traveling and for what purpose.

Specifically, according to New York’s “coming and going” rule, workers’ compensation coverage generally excludes accidents occurring while commuting to and from work. This is because commuting is not considered part of an employee's job duties or within the scope of employment. The rule is based on the rationale that employees are not on-the-clock during commutes; employers do not control the environment outside their premises; and the employer-employee relationship is considered suspended during commuting times.

There are exceptions to this rule, however. For instance, traveling employees, who have job duties that require travel, such as delivery drivers or employees traveling to different work sites, may be eligible for workers' compensation. Additionally, the “special missions” exception covers employees asked to run errands for their employer while commuting, as long as the errand is work-related. Finally, business trips are considered within the scope of employment, and any injuries, sustained during such trips, are generally covered by workers' compensation.

An employee, who demonstrates off-site work injuries are work-related, may be able to recover medical and disability benefits. Medical benefits cover all necessary treatments related to the injury, such as doctor visits, hospital stays, medications, surgeries, and rehabilitation services, with no out-of-pocket expenses for the injured worker.

Disability benefits provide partial compensation for lost earnings. These benefits can be temporary and/or permanent and can compensate employees depending on the severity and duration of the disability.

Temporary disability benefits are provided until the employee can return to work or reaches maximum medical improvement. If an employee is permanently unable to return to any form of gainful employment, he or she may be eligible for permanent total disability benefits. Those who are able to work in some capacity may be able to recover permanent partial disability benefits.

Employees, who suffer work-related injuries, should be able to recover workers’ compensation benefits regardless of whether their harm occurs off-site or in their regular workplace. If you were hurt while working, it is advisable to talk to an attorney about your rights. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is an experienced Rockland County workers’ compensation lawyer, and if she represents you, she will fight to help you seek the results you deserve. Ms. Crown has an office in New York, and she regularly represents people in workers’ compensation cases in Rockland, Westchester, Orange, Dutchess, and Ulster Counties and in the greater metropolitan area. You can reach Valerie by using the online form or by calling her at 845-708-5900 (office number) or 845-598-8253 (Valerie’s direct cellphone 24/7).