All car accidents can be difficult and dangerous. However, if you are involved in a car accident on the way to work it may be that workers compensation can provide some additional help. Worker’s compensation is a particular sub-specialty of personal injury law in Oklahoma City. If you have been injured by a culpable party on your way to work you will need to contact an Oklahoma workers compensation attorney as soon as possible in order to understand how workers compensation laws may affect your case and to understand what benefits may be available to you.
Generally speaking, worker’s compensation benefits are available to protect worker’s health and safety if they’re injured while on the job. There are some exceptions however that extend these benefits to workers who were injured while commuting to work. Here’s what you will need to know.
Oklahoma Law Regarding Worker’s Compensation
Oklahoma defines worker’s compensation as a benefit of employment that extends to a worker who is injured during “the scope of their employment.” This can loosely be defined as acting within the course and scope of the worker’s job or engaging in activities on behalf of your employer.
Oklahoma law defines course and scope of employment as:
Any activity for which the employee was hired and that relates to the employer’s work, business, trade or profession, which is performed by an employee to further the employer’s affairs or business. (Okla. Stat. tit. 85A § 2)
This is a broad term and can include some surprising activities. It includes activities conducted at the work premises, other locations designated by an employer, and travel by the employee when that travel furthers the employer’s affairs and is specifically directed by the employer.
So, for example, if the employee is asked by the employer to go to the store and pick up office snacks or a cake for an office party, any accident going to or from the store would likely be covered by workman’s comp. However, if the employee took a detour to the post office to deposit personal mail into a mailbox, any accident that occurred on the detour, may not be covered.
In addition, course and scope does not include such things as:
- Commuting to and from work,
- Parking lot accidents or other injuries incurred before the employee clocks in or otherwise reports for work. Likewise, accidents incurred after the employee concludes work are not covered by workers’ comp unless they occur in an area over which the employer owns or maintains exclusive control over the area, or
- Injuries occurring on a work break, unless the injury occurs inside the employer’s facility or in an area owned by or exclusively controlled by the employer and the work break is authorized by the employee’s supervisor.
Worker’s compensation law in Oklahoma states injuries are covered if they occur during the course of employment. This means that regardless of your location or time or day, your injury is covered under worker’s compensation if you are performing a job-related task that was assigned to you.
Some Other Exceptions
While commuting to and from work is not generally covered by worker’s comp, there are special situations that carve out an exception to the general rule.
- Entertaining Clients: This can include such things as dinners, parties, golf, and the like. If the accident occurs while traveling to or from a required client event, worker’s comp will cover it.
- Errands and other assignments: If an employee is running an errand on behalf of their job, usually worker’s comp will cover that injured employee. Likewise, if your boss asks the employee to assume a work responsibility outside of normal business hours, an injury incurred during the performing of that task will usually be covered. Sometimes, these tasks occur during the commute to or from work. Nonetheless, they are often covered by worker’s compensation insurance.
These cases can be difficult. Having an experienced worker’s compensation attorney in your court can make the difference between covered injuries and non-covered injuries. Experienced attorneys know the nuances of the law and all the specific procedures that must be followed in worker’s compensation claims.
Free Consultation with an Experienced Oklahoma City Worker’s Compensation Attorney
Call us today to see how we can help you. Before we even start working on your case, we want you to know where you stand. A call to the Personal Injury Law Office of Oklahoma City costs you nothing, but the information you receive could be invaluable.
For a free, no-risk consultation with a knowledgeable Oklahoma City worker’s compensation attorney, call today: (405) 716-4878 (716-HURT).
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