Can I Receive Workers’ Comp For Injuries Outside the Workplace?

If your injury “arises out of” and occurs “within the scope of employment” (otherwise known as “on-the-job,” or “on-the-clock”), it could be covered by workers’ compensation. But what does this mean exactly? Are you still eligible for workers’ comp even if your injury takes place outside your workplace?

Massachusetts’ Workers’ Comp Law

In Massachusetts, you could be entitled to workers’ comp regardless of your physical location at the time of the injury, as long as you were performing job duties. This rule seems clear enough, but there are many grey areas and thousands of legal disputes surrounding this subject each year.

Injuries Covered Outside the Workplace

Defining the beginning and end of your workday is crucial in determining whether or not your injury is within the scope of employment. Many times, personal activities can overlap with work duties, making it hard to determine whether or not you were actually on-the-job. In general, injuries sustained during these circumstances could be covered by workers’ compensation:

  • If you are a traveling salesperson and are injured at a hotel where you’re staying for business purposes
  • If you are running an errand for your employer which takes you outside the workplace
  • If you are attending a required company-related social event, such as a company picnic or recreational activity
  • If your job requires you to work in different locations

What’s Not Covered under MA Work Comp Law

Massachusetts uses the “going or coming” rule in regard to workers’ compensation. This means that your commute to and from work is not covered; your workers’ comp coverage does not start until you enter the workplace and does not end until you leave. Other circumstances that require a closer examination of the laws and facts include:

  • Non-scheduled work activities
  • Running an errand for your boss but stopping or deviating from the errand for personal reasons
  • Injuries occurring in parking lots

Contact a Massachusetts Workers’ Comp Attorney

Determining if your injury that occurred outside the workplace is covered by workers’ compensation can be difficult. As long as you were performing job duties and your employer required you to do so, you will most likely be covered. However, employers and insurance companies will often work hard to prove that you were not actually “on-the-job.” That’s why working with an experienced workers’ comp lawyer is important. At Powers & Caccavale, we know what it takes to win cases and get you the compensation you need for your work-related injury. Fill out our free case evaluation or call us at (617) 379-0016 today.

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