Workers' Comp: Off-Site Accidents

Posted By Katz Leidman Grossman Wolfe & Freund || 24-Jan-2018

Most workers are aware of workers’ compensation benefits, but not all of them understand when and how it works. Some people think that workers’ compensation only applies to injuries that occur “at the office” or “on the factory floor” or “at headquarters” or “in the warehouse.” This is not necessarily the case. For an injury to qualify for workers’ compensation, it does not have to take place on the employer’s grounds, but it does have to be directly related to a person’s job.

“Workers’ compensation is insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job,” according to the New York State Workers’ Compensation Board. So, there are many situations where a worker will be injured off-site, but while the worker was performing their job-related duties.

Here are some examples of how a worker can be injured away from their employer’s office, but the worker still qualifies for workers’ compensation benefits:

  • A construction worker is injured at a job site.
  • A delivery driver is bitten by a dog while making a delivery.
  • A salesman is in a car accident while “on the clock.”
  • A worker is injured by a lawn mower while working for a landscaper.
  • A tree trimmer falls out of a tree while trimming a customer’s tree.
  • A roofer falls off a roof while installing new shingles at a customer’s home.
  • A flower delivery girl is beaten and mugged while delivering flowers.
  • A school bus driver is attacked by a high school student outside the bus while trying to break up a fight between students.
  • A bank manager is attacked at her home and forcibly taken to the bank by bank robbers at 3am to open the bank’s safe. She’s further assaulted at the bank, even though she’s off the clock.

As you can see, there are many situations where someone may be away from the office or away from their company’s place of business, but they’re attacked while performing their work-related duties. Whenever a person’s job takes them out of the office and they are hurt in an accident or because of a violent act, they may still be eligible for a workers’ compensation claim.

Off-Site Injuries & Denied Claims

Occasionally, a worker will be injured off-site and they’ll file a workers’ compensation claim only for it to be denied. What can happen is the employer or their insurance company can argue that the accident was not work-related at all, and that it occurred on the employee’s personal time. If your claim is being denied for this reason and you insist it occurred while you were working, we urge you to contact our New York workers’ compensation firm for help.