I Got Hurt Near My Workplace: Am I Eligible For Workers’ Compensation Benefits?
Getting hurt in connection with your job can be devastating, regardless of where and how the accident occurs. Yet when it comes to injuries that occur near—but not on—a person’s worksite, it can be difficult to know whether workers’ compensation benefits are possible. If you were injured recently while you were near your place of employment but were not actually at your worksite, the following are some key issues to take into consideration when determining your eligibility for workers’ compensation benefits according to the Florida Division of Workers’ Compensation. And if you are unsure about your eligibility to receive workers’ compensation benefits, you should speak with an experienced Sunrise workers’ compensation lawyer as soon as possible.
Your Injuries Occurred While You Were On the Clock
If you got hurt near your place of employment but outside the boundaries of your actual worksite, determining your eligibility for workers’ compensation benefits may be complicated. One of the first considerations you will want to take into account is whether your injuries occurred while you were on the clock. If you were being paid for your work—either as an hourly wage employee or as a salaried employee who was on the clock—then you could be eligible for benefits.
If you were near your jobsite but were not on the clock, you will likely not be eligible to receive benefits. But if you were on the clock, then you will need to consider other factors to figure out whether you can receive workers’ compensation benefits. To be clear, if you were commuting to or from work at the time of the accident, you will not be eligible for workers’ compensation benefits.
Your Employment Tasks Were Centered Somewhere Else
Sometimes workers have a primary place of employment but they might be tasked with working at a separate location for several days or weeks. For example, construction workers might be assigned to a different off-site project than the primary construction site. Or, for instance, you might work for a restaurant that is opening up a second location, and you might be tasked with performing certain duties at the new but unopened location. Injuries in these types of “alternate worksite” scenarios are typically compensable since the injured worker, for purposes of workers’ compensation law, sustained injuries in the course of his or her employment.
Your Job Responsibilities Required You to Be Off the Worksite
For many people who got hurt near a worksite, their job responsibilities required them to be offsite. For example, maybe you are a delivery driver and your job requires you to make deliveries, an offsite accident during your work as a delivery driver likely will be compensable. Similarly, maybe you have an office job and your boss asked you to walk over to the post office to pick up stamps and you were injured on that walk. In that kind of scenario, too, your injuries likely will be compensable. Similar to the “alternate worksite” situations we discussed above, injuries in these examples would still arise out of the course of employment.
Contact Our Sunrise Workers’ Compensation Lawyers
If you need assistance with your workers’ compensation case, one of our experienced South Florida workers’ compensation attorneys can help. Contact the Law Offices of David M. Benenfeld, P.A. today.