I Was Injured on a Work-Related Trip. What Now?

LAW BLOG  •

July 14, 2016

Today, many people travel for work on a regular basis. Whether you travel domestically or internationally, a job-related accident away from the office can raise several questions. Will workers’ compensation cover my injuries? Was my accident job-related? What do I need to do?

You are not covered for any accidents that take place during the commute between your home and office under US workers’ compensation laws. However, if you travel long distances for work, the legal ballgame changes. If you are engaged in an activity that is work-related, including travel, you may have grounds for a workers’ compensation claim.

What Should I Do After I am Injured on a Business Trip?

If you sustain an injury on a business trip, take a few steps to protect your rights to compensation, just in case your injury is covered:

  • Report the incident: Whether you are hurt at a foreign office, a hotel, or while traveling, report the incident to whomever is in charge of the establishment.
  • Record information: Obtain witness information, take pictures, and write down what happened as soon as possible. Human memory after an accident tends to fade quickly, and personal injury/workers’ compensation cases can take time to resolve.
  • Seek medical attention: Always seek professional medical attention after an incident. Let your physician know you were on the job at the time, and keep records of every medical visit you have.
  • Inform your supervisor. Contact your company and talk to your supervisor or an HR representative about your injury. They may file their own accident reports, and should deliver you a workers’ compensation claim form via email or in person within a day or so of your report.
  • Talk to an attorney. If you have any concerns about your workers’ compensation claim or liability in your claim, talk to an attorney. You may have a valid workers’ comp claim as well as a third-party claim against the individual/company responsible for causing your accident.

What is Job-Related for the Purposes of Workers’ Compensation?

To understand your situation, you may want to sit down with an attorney for a free consultation. Teasing out activities that are and are not work-related can be difficult, and you may ride a fine line between an activity that is covered and one that is not covered. For example:

  • Injuries sustained while going to dinner for a business meeting with clients are probably covered.
  • Injuries sustained while going to dinner after business hours for personal reasons are probably not covered.
  • Injuries sustained while sightseeing or taking a side trip on your own are probably not covered.
  • However, injuries sustained while traveling for business (flying, taking a ferry, driving, etc.) are probably covered.
  • And injuries sustained while staying in a hotel for business-related work may be covered.

If you have any questions about your work-related activity, ask an HR professional and/or your attorney for clarification about Texas workers’ compensation laws. Your company may also carry business travel insurance specifically for business trip injuries and unexpected situations.

Are Workers’ Compensation Claims for Travel Different from Normal Claims?

The workers’ compensation claims process is the same regardless of your injury situation. However, you may run into difficulties during the claims approval process, particularly if the workers’ compensation administrators do not understand the nuances of your situation. An attorney can be an invaluable resource if administrators delay or deny your claim after a business travel injury.

We recommend taking the time to explore other legal options after filing a workers’ compensation claim. Your coverage may not take care of all your medical expenses, and you may have an additional personal injury claim against a third party, such as an airline, an auto manufacturer, or an individual.

Contact

At Gordon & Elias, LLP, we are committed to helping our clients maximize their recovery after work-related accidents of all kinds. If you are concerned about coverage after a business trip accident, contact our Houston personal injury lawyers for a free consultation.

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