If you get injured off the clock, you might think you can't claim workers' compensation, right? WRONG! Depending on the situation, you might still be eligible for workers' comp benefits even if you get injured when you're not working. But what sort of situations qualify? What locations are covered? And which types of jobs are eligible for workers' comp from the minute you walk out the door to the minute you get home? Let’s dive into these questions.
My name is Rex Zachofsky, and I became a New York workers' compensation lawyer 17 years ago after getting injured on the job. If you need help with your claim for New York Workers' Compensation Benefits, please give me a call at 212-406-8989 to schedule a free consultation. We also assist with Personal Injury Matters, Social Security Disability, and Labor & Employment Issues.
One common situation where you can apply for workers' comp, even if you're not on the clock, is if you get injured while arriving at or leaving your workplace. This is referred to as "ingress and egress" in workers' comp law, which simply means "the act of entering or exiting your employer's premises."
You're typically covered under workers' comp from the time you arrive on company property until the time you leave. This includes slip and falls, trips, vehicle accidents, assaults, or any other form of injury that might occur within a reasonable time and distance from your workplace.
However, there’s a catch. If your injury happens in a place where you’re subject to the same hazards as the general public, it’s probably not considered work-related, and workers' comp will not cover it. For example, mall or retail workers who get injured in a general parking lot for customers are not covered because they face the same risks as the general public. The exception is if they parked in an employee-designated parking lot; in that case, they would be covered.
You're also covered by workers' compensation if you have no fixed place of employment. If your job requires you to travel directly to multiple locations from home, you are likely covered. This is known as “portal-to-portal” coverage, meaning you’re covered from the moment you leave your front door in the morning until you return home.
Some examples of employees covered portal-to-portal include:
Your case for workers' comp benefits becomes even stronger if you use a vehicle provided by your company.
Not all portal-to-portal situations are clear-cut. For instance, if you work on your laptop while riding the train to work and then slip and fall at the train station, there’s no guarantee your case would be approved. There is a gray area when it comes to traveling to and from work, as well as when, where, and at what point you are covered.
If you're unsure whether you can claim workers' comp for your injury, it's crucial to talk to a lawyer and explain exactly what happened in your case. They can help you determine if you're eligible.
If you or a loved one in New York State were injured while off the clock and are unsure if you qualify for workers' comp, give me a call at 212-406-8989. Our conversation is confidential, costs you nothing, and could potentially save you thousands in benefits.
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