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Can You File a Workers’ Compensation Claim While on a Business Trip?

Workers’ compensation law can become complex, especially when you are not on the work site at the time.

Whether you only travel for work occasionally or take business trips frequently, there is always a chance that an accident could happen. You may know that you can claim workers’ compensation while at the office or in the warehouse, but what about when you are traveling for work? As with so many other legal questions, the answer is that it depends. Our Nebraska workers’ compensation lawyer explains below.

When Does Workers’ Comp Cover Injuries Sustained on a Business Trip?

Workers’ compensation in Omaha covers employees for any accidents that occur while the employee is performing duties within the scope of employment. If you are traveling for work and would not normally make those travel arrangements, workers’ compensation will likely provide coverage. You can receive benefits for medical expenses and a portion of your lost income. However, whether you receive workers’ compensation will depend on what you were doing at the time of the accident.

Business trips are often a combination of work life and personal life. For example, you may work in Omaha but your boss sends you to New York for a training session. While engaged in work-related duties, you can receive workers’ compensation for any injuries you incur. For example, if you slip and fall on a spill in the conference room during the session, workers’ compensation will provide the coverage you need. Work-related duties on business trips also typically include hotel accidents because you would not be staying there otherwise.

On the other hand, if you were engaging in personal errands or outings while you were hurt, workers’ compensation may not cover your injuries. Using the above example, you may have to attend a training session during the day but your evenings are free. You decide to go out with an old friend to go see a show. If you are injured during this outing, workers’ compensation would likely not cover the accident because you were not performing duties within the scope of your employment.

The Legal Standard for Differentiating Between Business and Personal Travel

For many, it becomes difficult to determine what is business travel and what is personal travel. The legal standard usually requires determining if the employee was engaged in predictable activities at the time. For example, it is entirely predictable that an employee traveling for business sessions may slip on a spill in a conference room. However, the fact that they would also see a show with a friend is not predictable at all. A slip and fall in a conference room in this case is quite different from one that happens in a theater.

Our Workers’ Compensation Lawyer in Omaha Can Help With Your Claim

Workers’ compensation claims always have the potential to become complex, and that holds true for when you are on a business trip. At Andres Law Offices, PC, LLO, our Omaha workers’ compensation lawyer can advise on the facts of your case and help you obtain the full benefits you deserve. Call us today at (402) 491-4003 or contact us online to schedule a consultation.