Traveling employees: “Injured on the job” can happen anywhere
“Injured on the job” does not mean, “injured at your workplace.” Rather, it refers to any injury suffered while working. This is a very important distinction for a traveling employee whose workplace might be a moving car, truck or airplane (or the various destinations to which those vehicles travel).
This bears repeating: If you working when you are injured — no matter where you are — you can file a workers’ compensation claim.
Often, traveling employees have more than one legal claim after an injury. It can sometimes be easy to forget that, in addition to a personal injury or employment law case, you can also recover compensation through the workers’ compensation system. Here are some examples:
- A salesperson travels from Denver to Colorado Springs to close a deal. While meeting with his client, he slips and injures his hip on a wet restaurant floor. He may have a case against the restaurant, but he can also file a workers’ compensation claim.
- A trucker is hit while putting on chains. He can bring a personal injury claim against the driver that hit him, but he can also file a workers’ compensation claim to recover compensation for his injuries.
- A flight attendant suffers severe barotitis while on the job for a company she feels doesn’t take employee safety seriously. She may have both an employment actions and a workers’ compensation claim.
- A postal service worker bitten by a dog while working (yes, it does happen outside of the cartoons) might have a claim against a property owner and a workers’ compensation claim.
- A delivery driver involved in an accident while delivering an order might have a third-party liability/personal injury claim and a workers’ compensation claim.
If you are injured
If you are injured on the job, report your injury to your employer, seek medical attention and reach out to an experienced workers’ compensation lawyer. There are nuances in the law that a lawyer can help you understand such as what court will oversee your claim and which treating doctors you can see.