If you travel for work, you might wonder how that affects your workers’ compensation coverage. You might even cross state lines, so you might wonder if that impacts you as well. Many Wisconsin workers get injured while on the road, but it’s important to note that you are covered if you’re actively working at the time. The details can matter, however.
The Wisconsin workers’ compensation lawyers at Axis Legal, LLC are ready to help you. We understand the nuances of traveling worker cases and how to fight back against wrongful denials of claims.
Are Traveling Employees Covered Under Wisconsin Workers’ Compensation?
Workers that have to travel for their jobs are usually covered by workers’ comp in Wisconsin. Under the traveling employee rule, workers for whom travel is required by your job are still considered in the course of their employment during the trip, with certain exceptions.
This means that if your job requires you to:
- Drive between job sites
- Attend off-site meetings or conferences
- Travel for training
- Make deliveries
- Visit clients or vendors
- Stay overnight for work
you are typically covered from the moment you leave until the moment you return.
What Counts as a Work-Related Travel Injury?
Your injury still has to arise out of your employment, and be while you were in the course of that employment. This is broader for traveling employees, but workers’ comp insurers will take a close look at what happened to determine coverage.
Common covered scenarios include:
- Car accidents while driving to a work-related destination
- Slip-and-fall injuries in hotels, parking lots, or restaurants used during work travel
- Lifting or carrying injuries involving luggage, equipment, or work materials
- Injuries during required events, such as conferences or training sessions
State courts realize that traveling employees face different risks than in-office employees. Coverage extends to most types of reasonable travel and things surrounding it, such as:
- Going in and out of hotels
- Eating meals
- Using transportation provided by the employer
When Travel Injuries Are Not Covered
Even though traveling employees receive broad protection, there are limits. Workers’ compensation may not apply if the injury occurs during:
- A substantial deviation for personal reasons
- Recreational activities unrelated to work
- Conduct that violates company policy, such as intoxicated driving
Short, reasonable personal comfort activities, like eating meals or briefly stopping for coffee, are usually still covered. But once the deviation becomes significant, coverage may be denied.
What About the “Coming and Going” Rule?
Wisconsin’s “coming and going” rule generally excludes injuries that occur during your normal commute. However, this rule does not apply to traveling employees.
If your job requires you to travel to multiple locations or drive as part of your duties, your travel time is typically considered work time.
Examples of workers often exempt from the coming-and-going rule:
- Home health aides
- Construction workers traveling between sites
- Sales representatives
- Utility and maintenance workers
- Delivery drivers
- Consultants and field technicians
What to Do If You’re Injured While Traveling for Work
If you’re hurt during work-related travel, take these steps to protect your claim:
- Get medical care immediately
- Report the injury to your employer as soon as possible
- Document everything
- Save receipts and travel records
- Consult a Wisconsin workers’ compensation attorney if there’s any dispute
Why Travel-Related Claims Are Often Disputed
Employers and insurers may challenge these claims because:
- Travel injuries can occur outside the employer’s direct supervision
- There may be questions about whether the worker was on a personal detour
- Car accidents involve multiple insurance companies
- Overnight stays create gray areas around personal vs. work activities
Because of these complexities, traveling employees should be prepared to clearly show the connection between their travel and their job duties.
Get Help with a Workers’ Comp Claim in Wisconsin
If your job requires you to travel, you are generally covered by workers’ compensation for injuries that occur during the trip, including many everyday activities necessary for travel. However, substantial personal deviations can jeopardize your claim.
Worn down at work? Let the experienced Wisconsin workers’ compensation lawyers at Axis Legal, LLC review your case. Contact us today for a free, no-risk evaluation.