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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18814
Experience:  Employment/Labor Law Litigation
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If an employee is injured while off work but working away

Customer Question

If an employee is injured while off work but working away from home, is this a workmen's compensation injury?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 3 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Yes, generally when an injury arises out of work and during the course of work, regardless of where you are working, that is a worker's compensation injury. Now, the employee bears the burden of proving that the injury occurred while they were working for the company in question, and this can sometimes become an issue of argument. That being said, it absolutely can be found to be work related.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 3 months ago.
even though he got off work at 5:oopm and injured himself at hotel around 7:00pm this is still a job related injury? Don't quite understand.
Expert:  Allen M., Esq. replied 3 months ago.

I'm assuming then that you are the employer.

You can argue that it is not work related, but if he was doing work for the company, then it can count as a worker's compensation injury.

Now, if he had gotten off work at 5 and was injured on the way home, not working on anything for the company, then it doesn't apply. But when an employee is doing work for the company, regardless of where they are or what time it happens to be, it can be a work related injury. Nothing in WC law requires it to be a workplace injury.

Expert:  Allen M., Esq. replied 3 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.