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Workers’ compensation and stress: What does Ohio law allow?
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Most workers have a commute of some sort, whether it’s a few minutes or an hour – maybe more. But when it comes to workers’ compensation, how do commuting accidents factor in?
When it comes to commuting accidents and workers’ compensation, the fact is, the majority of injuries you sustain while on the road aren’t covered. That’s because of what’s known as the “coming and going” rule, which means any injury you get while commuting isn’t considered a work-related injury – thus it isn’t covered.
In Ohio, the law says an injury covered by workers’ compensation must happen during the course of and scope of your employment. Generally, that is interpreted to exclude injuries you get while commuting. In a nutshell, commuting is considered personal time – not a professional duty!
As with anything, however, there can be exceptions. There are a few very limited times when an injury sustained while driving could be covered under workers’ compensation.
Those general exceptions include:
- Driving while on work-related travel
- Visiting a job site that differs from your normal job site
- Attending a business meeting off-site
- Driving to and from work-related errands or activities
Also, if you are injured in your employee parking lot or another place controlled by your employer, like a parking garage, you may also be eligible for compensation.
As with anything in the workers’ compensation realm, your claim will be evaluated to determine if you were within the scope of employment. Driving a company car or having to take a different route to work for a work-related reason could also be factored into a claim, for example.
The bottom line is, if you are injured at work – even if you were commuting – it is a great idea to speak to an experienced workers’ compensation attorney, who can advise you on your rights and ensure you get coverage, if necessary.
Connor Kimmet and Hafenstein LLP
If you or someone you love needs help navigating a workers’ compensation claim, we can help. We have a qualified attorney for you. Contact us today.
