Virginia Workers’ Compensation Attorney Serving Clients Injured in Work Travel Accidents
If you get hurt at work in Virginia, you should be able to expect that workers’ compensation will cover you. For injuries that happen on the job, it might seem clear that the employee was working when the accident occurred. But can an employee seek workers’ compensation benefits if she gets hurt in a work travel accident? The answer to that question largely depends upon the nature and scope of the employee’s travel.
When work travel is clearly within the scope of employment, a worker can be eligible for workers’ compensation benefits. However, sometimes work travel accidents can be ambiguous, and the employee’s claim might be denied. As such, it is crucial to discuss your case with a Virginia work travel accident lawyer. At Hampton Injury Law, our firm can help ensure that you receive the compensation you deserve.
Work Travel Accidents in Virginia
The Virginia Workers’ Compensation Act governs Virginia workers’ compensation claims. The law makes clear that employees who suffer injuries on the job may be eligible to receive workers’ compensation benefits. But how does the law define on-the-job injuries? This is an essential question for employees who get hurt while they are traveling.
To be clear, while employees might believe that they were traveling for work, their employer or the Virginia Workers’ Compensation Commission might determine that the travel was not actually within the scope of employment and thus does not count as an on-the-job injury.
What is a Work Travel Accident for the Purposes of Workers’ Compensation?
Some examples of work travel that typically will count for workers’ compensation include but are not limited to the following:
- Driving that is part of your work duty, such as transporting customers or making regular deliveries;
- Making a delivery for your employer, even though it is not part of your typical job duties;
- Driving, flying, or using another form of transportation for a business trip;
- Traveling to a work-related event, such as a company picnic or a retreat; and/or
- Driving to or from work in a company vehicle.
What types of work travel accidents frequently are not covered by workers’ compensation claims? Some examples include but are not limited to the following:
- Commuting to work in your personal vehicle;
- Commuting home from work in your personal vehicle;
- Traveling while on your lunch break.
A general rule of thumb is that if you are not being paid for the time spent traveling or are not required to do the traveling as part of your job, then any accident that results in injuries may not lead to workers’ compensation eligibility. An experienced Hampton workers’ compensation attorney can assess your case and help you seek the benefits you need to recover.
Filing Your Workers’ Compensation Claim in Virginia
If you were injured in a work travel accident for which you may be eligible for workers’ compensation benefits, it is imperative to follow the required steps under Virginia law for obtaining compensation. Employees must abide by these steps:
- Report the injury to your employer as soon as possible: immediately if possible, but no later than 30 days after the accident; and
- File your claim with the Virginia Workers’ Compensation Commission no later than two years after the date of your accident.
Seek Advice from a Work Travel Accident Attorney in Virginia
Were you recently injured in a work travel accident? A Virginia workers’ compensation lawyer can discuss your options with you today. Contact Hampton Injury Law for more information about how our firm can assist with your claim.
