Injured on Your Way to Work or Heading Home? When Workers’ Comp Still Applies
There are strict rules about when you may qualify for workers compensation benefits in Colorado. The experienced Aurora workers compensation attorneys at The Frickey Law Firm can explain your legal rights and work to protect them. The Frickey Law Firm has been protecting injured workers for over 50 years. Please see our reviews. We do two things at the Frickey Law Firm, Personal Injury cases and Workers compensation cases, thats it. We are the “go to” firm when it comes to work injury claims.
Your injury may not always occur in your exact physical location where your workspace generally is. There is a good chance that you may be able to qualify for benefits, depending on what you were doing at the time you were hurt and where you were hurt. However, the general rule is that commuters cannot be compensated for injuries that occur when they are on their way to and from work. However, this is not always the case and each claim is different. If you were injured outside of work, you still maybe entitled to workers compensation benefits. Call us today and find out. The call is 100% free and we don’t get paid a fee unless you recover monies.
Learn more about your potential eligibility for workers compensation benefits and how to obtain them by scheduling a free initial consultation with The Frickey Law Firm at 303-237-7373. We take the time to listen and learn before we give you legal advice and go to bat for you. Who you hire, matters!
Workers’ Compensation Benefits Depend on a Job-Related Injury
To qualify for workers’ compensation benefits in Colorado, you must have suffered a job related injury. Oftentimes, there is a question of fact as to whether your injury was job-related based on where you sustained it. Not every workers’ compensation claim is cut and dry, meaning that you were injured on the premises of your employer while performing your duties. You could have been injured off-premises, either on your way to or from the job or when you were performing your work duties off-site. Insurance companies love to try and deny these types of cases. Don’t let them strong arm you, get a lawyer. We make them pay on these claims all the time.
How the “Coming and Going Rule” Applies to Your Workers’ Compensation Benefits
Typically, the rule of thumb in a workers’ compensation case is that you are not entitled to benefits when you have been injured commuting to or from work. This is known as the “coming and going rule.” In Madden v. Mountain West Fabricators, The Colorado Supreme Court held that an employee who was injured in a single car accident traveling between his home and a temporary construction site was not entitled to workers’ compensation benefits. Colorado law states that a claimant must be performing services arising out of and in the course of his employment at the time of his injury. Going to and from work does not constitute services that arise out of employment. However if you are driving to a meeting or to a temporary job-site or project, you may be covered. Don’t just take the Insurance companies word for it that you are not covered. Get a lawyer to look at the facts. The case evaluation is free.
What Happens When You Are Injured Outside of Your Workplace?
However, there are questions about exactly when your injury becomes job-related. For instance, you may have slipped and fell in the parking lot walking to or from your car. Here, there is a close legal case for workers’ compensation benefits. The insurance company may argue that the “coming and going” rule applies, and you are ineligible for benefits. However, if you are parking in an area that your employer has specifically designated for you, there is a chance that your injury may be compensable. It is important to note that, even if workers compensation does not apply, you may have a potential personal injury case for a slip and fall injury. Again, call a lawyer!
In general, there are four categories of exceptions that would allow you to receive workers compensation benefits when you have been injured off premises:
- Your work requires travel as part of your job duties
- Your employer has sent you away from the office for an extended period on business travel
- You are sent on a special errand that requires you to leave the workplace after you have reported for work
- You and your employer have agreed that the employment relationship is to continue during your travel to and from work
However, it may be possible to add different categories to this list because it was not intended to be exhaustive. The facts and circumstances of your case would determine whether your injuries were job related. It is more likely that you could receive workers’ compensation benefits if your injury occurred during working hours, and your travel was contemplated by the terms of your employment contract.
Still, when you leave the premises to perform job-related duties, it is treated as if you were at your workplace for purposes of workers compensation benefits. If you are doing something like making a sales call for work, or running an errand for your boss, it is part and parcel of what you are supposed to do for work. Then, workers compensation benefits would apply to your case.
Contact an Aurora Workers’ Compensation Attorney Today
If you have been hurt on the job, speak to an Aurora work injury lawyer at The Frickey Law Firm. To learn more about your right to workers compensation benefits, and your legal rights in the situation, you can schedule a free initial consultation. Call us today at 303-237-7373 or message us online to speak to a lawyer.
Adam M. McClure was recently selected for membership in “The National Trial Lawyers: Top 40 Under 40” organization, making him one of only 40 Colorado lawyers to be awarded this honor. Mr. McClure is an exceptional litigator. He has been a key member of The Frickey Law Firm since 2003. Learn more here.