Do I Qualify for Workers Compensation Benefits if I Was Injured on the Job but Off-Site?

Workplace injuries don't just happen within the confines of an office, a factory, or a job site. Many workers in Ohio spend their time doing work-related activities off of company property. They might be making a delivery, visiting a client, traveling for work, attending a conference, working in parking lots, or working from a home office. If an employee is injured in an accident that occurred outside of the workplace, does workers' compensation still apply? 

In Ohio, injuries sustained outside the workplace could be covered by workers' compensation. It depends on the specific circumstances of the case. Workers' compensation is meant to cover work-related injuries, but when someone is injured at work but off of company property, things get more complicated. 

Understanding Ohio’s Workers’ Compensation Law - How Does Workers' Compensation Insurance Work?

The Ohio Bureau of Workers' Compensation, known as the BWC, manages benefits when a worker is injured or becomes ill due to work-related actions. The main requirement for coverage is that the injury or illness must be work-related, meaning "in the course of," or "arising out of" the scope of employment.

When employee injuries occur at the workplace, it is usually very clear that they met the requirements. However, injuries that occurred outside of work may be more difficult to prove that the injury is work-related. 

Injured Outside of Work - Examples of Off-Site Work Situations That May Cause Work Injury

There are a number of scenarios where injuries outside of work may occur. Here are some of them:

• When an Employee Travels - If an employee is traveling and away from their work location, usually the BWC covers injuries that may occur. They might be attending an off-site meeting, a seminar, or another type of travel outside of company property.

• When an Employee Delivers or Transports - A worker who drives for a living may get injured off-site, too. People like truck drivers, sales reps, couriers, or delivery drivers may get injured while the employee is performing their job.

• When an Employee Works Remotely - More Ohio workers are working from home than ever before. Workers' comp covers injuries that occur in this case, too, but it's more difficult to prove.

• When an Employee is Running Errands for Their Employer - An employee running a work-related errand, such as dropping off paperwork or picking up supplies, may also be covered. 

The “Coming and Going” Rule in Ohio for Workers' Compensation Benefits

There is one important concept to remember in Ohio workers' compensation cases. It's referred to as the "coming and going" rule. This rule states that injuries that occur when traveling to or from work are not covered. The BWC considers this a personal activity, not a work duty. 

There are, however, some exceptions:

• When the regular employee is traveling between more than one work site

• Driving a company vehicle for business purposes

• Performing an errand for the employer

Keep in mind, however, that even these injuries may not be covered by workers' comp insurance unless there is enough evidence. For more information, a workers comp law firm in Columbus OH may be able to help.

Proving Injuries Outside of the Workplace Were Work-Related and a Compensable Workplace Injury

Proof is essential in order to get the benefits the state offers to employees. In Ohio, an injured employee must show the following: 

1. The activity at the time of the injury was related to work duties. i.e., if a tree trimmer falls off a ladder at a customer's home while they are nailing in tiles.

2. The employer benefited from the employee’s activity. i.e., the employee was running an errand to pick up weekly paychecks.

3. The injury occurred during work hours or while performing a job-related task. i.e., the injury is one that may have been off-site, but also doing their job.

Evidence that can help strengthen a claim includes travel itineraries, work orders, emails, text messages, or witness statements showing the worker’s job duties at the time. Medical records linking the injury to the incident are also critical.

When Injuries Sustained Off-Site Are More Likely to Be Covered by Workers Compensation

The BWC evaluates each claim individually, but the following scenarios have a higher chance of qualifying for benefits:

• Injuries that occur during business travel that were both arranged and paid for by the employer.

• Accidents when meeting clients, delivering products, or visiting customers.

• Injuries that happen when attending mandatory training, employee events, or meetings.

• Accidents occurring when running errands for the employer.

When Injury or Illness Coverage May Be Denied

It's important to keep in mind that the BWC only covers injuries sustained when working. Claims are more likely to be denied in the following cases: 

• When the worker was injured outside the course of the job, i.e., they are taking a 10-minute break at a park between sales calls, and they trip and fall.

• The injury happened during the employee's commute, i.e., "coming and going rule."

• The employee was not on the clock and not performing work duties.

• The activity was recreational and not a required job duty.

Special Considerations for Remote Employees Injured in Ohio

More people in Ohio are working remotely than ever before, and workers' comp, in most states, have had to adapt to that. In Ohio, to qualify for workers' compensation benefits while working from home, the employee must prove that they were performing a work task when injured. For example, an injury may be covered if the employee trips over a computer wire when they were setting up for an online meeting. They may not qualify for workers' comp if they trip and fall over the same wire while going to move laundry from the washer to the dryer. 

A workers' comp attorney will always need to have some type of documentation of work hours and other evidence to help a client file a workers' compensation claim if they work from home. Otherwise, the state may try to show that the injury occurred outside the course and scope of the job. They can also advise on questions like Do I qualify for workers’ compensation as a part-time employee?

The Role of Legal Representation When an Employee is Injured Off the Work Site - Ensure Rights are Protected

Since these incidents are almost always complex and confusing, it's very important that employees injured while working, but off of company property, reach out to an attorney. There is a much better chance of getting workers' comp benefits when working with someone who understands the laws regarding workers' compensation and off-site considerations. 

A skilled workers’ compensation lawyer can:

• Evaluate whether the injury likely qualifies for benefits under Ohio law.

• Gather and present evidence linking the injury to work duties.

• Challenge denials based on the coming and going rule or other defenses.

• Represent the worker in hearings before the Ohio Industrial Commission.

Having professional legal guidance can make the difference between a denied claim and receiving the benefits needed for medical treatment, lost wages, and recovery. They can consult on questions such as Do I qualify for workers’ compensation for mental health issues?

Injured Employees May be Eligible for Benefits - Contact Larrimer & Larrimer if Hurt at Work

In Ohio, workers’ compensation benefits are not limited to injuries that happen inside a physical workplace. If an employee is injured while performing job duties off-site — whether on the road, at a client’s location, or even at home — they may still qualify for benefits.

However, the connection between the activity and the job must be clear. The injury must occur in the course of and arising out of employment, and employees often need to provide strong evidence to prove that link.

Workers who are injured off-site should report the incident promptly, seek medical treatment, and consider speaking with a knowledgeable workers’ compensation attorney in Columbus, OH, to ensure their rights are protected.

Larrimer & Larrimer has been helping Ohio employees since 1928, and they can help determine if any employee in the state is eligible to file a workers' comp claim. Call now.