Can I get Workers’ comp if I was on my way to or from work and got hurt?
It depends. The general rule is that coming and going to work is not a compensable Workers’ Comp injury. However, the Mississippi Supreme Court has established exceptions to that rule. For example, if you drive a company car, are reimbursed for transportation, or if you do some of your work at home, you may have a compensable injury. Another exception is that if you are injured by an inherent hazard or danger in the conditions along your route, or if you are injured in a hazardous parking lot furnished by your employer or a part of their premises. Finally, if you are sent on a special mission or errand for your employer, or when you are helping the employer in an emergency situation for work. As always, it is important that as soon as you are injured, you inform your employer of your work injury.
Whether or not you can get Workers’ Comp on the way back and forth to work is fact specific, and you should run your situation by an Attorney if you have questions. Please give us a call at 601-945-8005 and our intake department will set you up with a free consultation. Chhabra & Gibbs, P.A. handles all of your Personal Injury and Workers’ Compensation issues. We are available by phone or by live chat on our website.