Some jobs require you to travel. Others lack a fixed place of work. What happens when you are in a car accident while traveling for your job? Are you eligible for workers’ compensation? A workers’ comp lawyer, like a workers’ comp lawyer in Queens, NY, can help you better understand, but the following information should get you started.
Four Requirements You Need to Meet
In order to be eligible to receive workers’ comp benefits, you need to meet the following four requirements no matter what your job is.
- You must actually be an employee of the company. If you’re an independent contractor or seasonal worker, you may not qualify. Employees perform regular jobs for regular wages and are governed by their employers.
- Your employer must have workers’ comp insurance. In most situations, your employer is required to have workers’ compensation coverage. If not, you could file a private civil suit against the employer for your injury instead.
- You must actually have an injury or illness. In most situations, pre-existing conditions exempt you from receiving benefits for the same injury.
- Your injury or illness must have been obtained during the course of your employment.
There are some exceptions and special considerations. For example, if you meet the above four requirements, but your injury was caused because you showed up to work under the influence of alcohol, your claim could be denied.
Meeting Requirements as a Traveling Professional
In many cases, workers who travel for business can still receive compensation for injuries that meet the above requirements. If you are traveling from the office to a business meeting across town, it is still within the course of your employment. If you work as a traveling salesman and the accident took place while you were working, it would typically qualify as well.
One scenario in which you may not qualify for workers’ comp while on the road is if you leave the office in your personal vehicle to take your wife out to lunch. If you drive a company vehicle for reasons of advertisement, it could be another story worth looking into.
Contacting Your Lawyer
One of the best ways to determine whether you qualify for workers’ compensation is by consulting a lawyer. Not only can your lawyer walk you through the requirements you must meet to be eligible, he or she can help you fight it if your claim is denied. Call your workers’ comp lawyer today to learn more or to schedule a meeting so you can get started right away.
Thanks to Polsky, Shouldice, & Rosen, P.C. for their insight into some of the things that need to happen in order to receive workers’ compensation for a work-related injury.
