Workers’ Compensation for Injuries During Work Travel

Snowstorms, such as the one blanketing Philadelphia today, and other weather-related conditions can create treacherous travel conditions, with icy roads and slippery sidewalks increasing the risk of injuries. For workers traveling during such weather, this serves as a timely reminder of the importance of understanding your rights if you’re injured while on the job.

Workers’ Compensation for Injuries During Work Travel

Whether you travel frequently for work or even once every few years, should you be injured while on a business trip, it is important to know your rights in relation to obtaining Pennsylvania Workers’ Compensation benefits for your injuries.

The Big Question: If I am injured out of the office while on a business trip, will I be eligible for Pennsylvania Workers’ Compensation benefits

The short answer is yes. If you are out of the office and carrying out the business of your employer, you will generally be covered under the PA Workers’ Compensation Act! However, there is some nuance to this principle that will be essential in determining whether your injury is compensable.

Injured in the Course and Scope of Employment

For an injury to be compensable under PA Workers’ Compensation law, the injury must occur in the course and scope of employment. An employee is in the course and scope of employment when the employee is engaged in the furtherance of the employer’s business. It is not required for the employee to be actually located on the employer’s premises when the injury occurs. Rather, the key element is whether the business of the employer is being furthered.

So, that raises the question: What is furthering the employer’s business?

For a traveling employee, furthering the employer’s business essentially means that you are doing what you are supposed to be doing while on a business trip. As long as you are not engaging in activities so foreign and unrelated to the reason for the business trip, you will be considered to have a compensable injury.

One major example that may remove you from the course and scope of employment is recreational activities. To illustrate, if you go hiking while on a business trip, you will very likely remove yourself from the course and scope of employment. This makes sense, as the employer would not expect you to engage in such an activity while you are in a foreign location for business. On the other hand, something such as taking a client to a business dinner would still be considered to be within the course and scope of employment, as you are actively furthering the employer’s business.

An employee setting out for a business trip is entitled to a presumption under the law that the employee’s injury occurred in the course and scope of their employment. This means that the course and scope of employment for an employee on a business trip is extremely broad.

To prove that the injury occurred outside of the course and scope of employment, making it not compensable, the employer will have to find compelling evidence to show that you engaged in activities so foreign to the purpose of the business trip that they cannot be held responsible for your injury.

How Will I Receive Pennsylvania Workers’ Compensation Benefits for a Work Injury That Occurred in a Different State or Abroad?

Under the Pennsylvania Workers’ Compensation Act, an injured employee is eligible to receive PA Workers’ Compensation benefits if:

• The employment is principally localized in Pennsylvania.
• The employee is working under a contract of hire made in Pennsylvania in employment not principally localized in any state.
• The employee is working under a contract of hire made in Pennsylvania in employment principally localized in another state whose workers’ compensation law is not applicable to their employer.
• The employee is working under a contract of hire made in Pennsylvania for employment outside the United States and Canada.

So, if you are performing most of your work in Pennsylvania, you are eligible to receive PA benefits. Even if your employment is not centralized in the state, there is a chance that you may be eligible to receive PA benefits as long as your contract for hire was made within the state.

What If I Am Injured in Pennsylvania While on a Business Trip from Another State?

If you are injured within the state, you will always be eligible for Pennsylvania Workers’ Compensation benefits. The Pennsylvania Workers’ Compensation Act specifically provides that all injuries occurring within the state are eligible for PA benefits no matter where the contract for hire was made, renewed, or extended.

Commuting

With all this being said, commuting is much different from business travel. While there are some exceptions, under the “coming and going” rule, an employee injured traveling to or from work is not generally considered to be in the course and scope of employment. Thus, their injuries will not be compensable.

What Types of Injuries Should I Be Cautious of While Traveling for Work?

Work travel generally poses the same types of risks as daily living. However, some common work travel injuries include:

• Slip and Falls – Airports, restaurants, hotels, or any other location with an abundance of people pose risks for liquids on the ground. Additionally, colder or wetter weather climates can lead to issues with rain and ice.
• Harmful Substance Exposure and Heavy Machinery – Exploring new job sites always poses risks for harmful substance exposure and heavy machinery malfunction, especially if you are acquiring new business and are unfamiliar with the safety precautions in place.
• Automobile Accidents – You may not be the one behind the wheel, leaving you at the mercy of another person who may not be a cautious driver.
• Violence – A new location may mean you are unfamiliar with the safest areas of town, so it is important to remain vigilant.
• Air Travel Accidents – Unfortunately, airplanes can crash or experience turbulence. Injuries may result directly from such events or from other passengers moving about the cabin.

If you have been injured on a business trip or need assistance with your workers’ compensation claim, don’t hesitate to contact us at Stern & Cohen. We offer free consultations and are ready to help you navigate the complexities of the Pennsylvania Workers’ Compensation system to ensure you receive the benefits you deserve. Reach out to us today to discuss your case.