Can I Receive Workers’ Compensation For An Injury Outside Of The Workplace?

Posted in Workers Comp Process on November 2, 2021

Key Takeaways

Arizona workers’ compensation generally does not cover injuries occurring off the clock.
Commute injuries may qualify if employees perform work duties during travel.
Errand-related injuries may qualify when employees complete employer-directed tasks offsite.
Conference and retreat injuries may qualify during employer-sanctioned work activities.
Arizona workers’ compensation covers qualifying injuries regardless of who caused the accident.

Just about every employee in Arizona is covered by the workers’ compensation laws in this state. Any person who sustains a job-related injury should be able to recover compensation for their medical bills and a major part of their lost wages. However, what happens if you are injured outside of the workplace? Can you still recover workers’ compensation benefits?

Even though workers’ compensation in Arizona will not cover an off-the-clock injury, there are various caveats in place. Here, we want to discuss how a person may be able to recover compensation for an injury that occurs outside of their workplace.

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Travel To And From Work

In general, a person’s commute to and from work will not be covered by workers’ compensation insurance. However, this completely changes if a person is performing job-related duties during their commute to and from work. For example, if a person is expected to take meetings on their phone while they are going to and from work, this could be considered work time, and any injury sustained during that time frame may be covered under workers’ compensation insurance.

Additionally, if a situation arises where a supervisor calls an employee and ask them to make some stops on the way into work or on the way home from work, this would be considered a directive from a supervisory position, and any injury that occurs while performing a job-related duty would likely be covered by workers’ compensation.

Running Errands Outside Of The Workplace

There are times when individuals are asked to run errands outside of the workplace. For example, suppose a person works inside of an office building for nearly every bit of their day-to-day duties. However, if supplies are needed and the worker is asked to drive to the next town to get those supplies, this would likely be considered a job-related duty, and any injuries sustained during this time frame would likely be covered under workers’ compensation insurance.

Working Offsite And Conferences

There are times when individuals are asked to work off-site for various reasons. This could include going to conferences, company retreats, budget retreats, etc. Anytime a person is participating in job-related duties sanctioned by an employer, they should absolutely be covered by workers’ compensation insurance if an injury occurs.

What If The Employer Caused The Injury?

The workers’ compensation system in Arizona is considered a “no-fault” system. This means that individuals should be able to receive compensation for a job-related injury regardless of who caused the injury. Even if a person is responsible for causing their own injury, they are usually entitled to workers’ compensation benefits.

Injuries that occur outside of the workplace that fall under the auspices of the workers’ compensation system would still be considered no-fault. This would apply to various types of injuries that could occur, including injuries caused by a vehicle accident as well as injuries caused by something like a slip and fall incident, regardless of where they occur.

If you have sustained a workplace injury and are struggling to recover the compensation you are entitled to, you need to speak to a skilled lawyer as soon as possible. A Phoenix workers’ compensation attorney can conduct a complete investigation into your claim and help you recover total compensation for your losses.

Avery N Crossman

Ms. Crossman is a State Bar Board Certified Workers’ Compensation Specialist and is past Co-Chair of the State Bar Workers’ Compensation Section. She has served as a faculty member at the State Bar Seminar on Professionalism and is a former Judge Pro Tempore in the Arizona County, Justice, and Superior Courts. In the past, she has spoken at seminars on Workers’ Compensation sponsored by the Industrial Commission of Arizona and the Arizona Association of Lawyers for Injured Workers. Ms.Crossman is a long-time member of the Arizona Association of Lawyers for Injured Workers. She is also a member of American Mensa.