Think you can’t get workers’ comp if you get hurt off the clock? Think again! In some cases, you can still qualify for benefits—even if the injury didn’t happen while you were actively working.
So what kind of situations count? What places are actually covered? And what types of jobs protect you from the moment you leave home to the moment you get back?
Let’s break it all down.
One situation where you can get workers’ comp—even if you’re technically off the clock—is if you get hurt while showing up to or leaving work. In workers’ comp lingo, this is called “ingress and egress,” which basically just means coming and going from your job site.
You’re usually covered from the moment you step onto company property until the moment you leave. That includes things like slips, trips, falls, car accidents, or even assaults, as long as it happens reasonably close in time and distance to your shift.
But here’s the catch: if you’re in a spot where the general public faces the same risks—like a public parking lot—you’re probably not covered. For example, if you work at a mall and slip in the regular customer lot, that’s usually not going to count. But if your employer has a separate employee-only parking area and you get hurt there? That’s a different story—you’d likely be covered.
You’re also likely covered by workers’ comp if you don’t have a regular job site. If your job has you heading straight from home to different locations, you probably fall under what's called “portal-to-portal” coverage. That means you’re covered from the time you walk out your front door in the morning until you get back home at the end of the day.
Some common examples of jobs that qualify:
And if you’re driving a company vehicle? That makes your case even stronger.
Not every portal-to-portal situation is cut-and-dry. Let’s say you’re answering emails on your laptop during your train ride to work, and then you slip and fall at the station—there’s no guarantee that would be covered by workers’ comp. When it comes to commuting, there’s a lot of gray area around when you’re actually considered “on the job.”
If you’re not sure whether your injury qualifies, your best move is to talk to a workers’ comp lawyer. Go over exactly what happened, and they can help you figure out if you’ve got a case.
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, Rex Zachofsky, a call at 212-406-8989.
For more information on filing for New York workers' compensation, subscribe to my channel and turn on notifications for the latest updates. This is your one-stop-shop for everything you need to know about successfully filing and maximizing your claim. Click here to watch the next video, and I’ll see you there!
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