For many employees, traveling between job sites is a routine part of the workday. Whether you’re a construction worker moving from one project to another, a technician servicing multiple locations, or a salesperson meeting with clients, time spent on the road is often essential to your job. But what happens if you’re injured while traveling between job sites? Are you covered under workers’ compensation?
At Solov & Teitell, we specialize in workers’ compensation law, helping injured workers throughout Southern California secure the benefits they deserve. Understanding how travel-related workplace injuries are handled under California’s workers’ compensation system is critical to ensuring you receive the compensation and medical care you need.
This article breaks down workers’ compensation coverage for travel-related injuries, exceptions to coverage, and the steps you should take if you are injured while traveling between job sites.
What Is Workers’ Compensation Coverage?
Workers’ compensation is a state-mandated insurance program designed to provide financial and medical benefits to employees who suffer work-related injuries or illnesses. The primary purpose of this system is to protect workers by ensuring they receive necessary medical treatment and wage replacement without the need to prove fault. At the same time, it protects employers from lawsuits by providing a structured, no-fault system for handling workplace injuries.
How Does Workers’ Compensation Work?
Workers’ compensation operates under a no-fault system, meaning employees do not have to prove their employer was negligent to receive benefits. As long as the injury or illness is work-related, employees are generally entitled to compensation. This coverage applies to injuries that occur on the job, during work-related activities, or in some cases, while traveling for work.
In California, nearly all employers are required to carry workers’ compensation insurance, including those with just one employee. Workers’ compensation laws apply to full-time, part-time, and seasonal employees, ensuring broad protection for all workers. However, independent contractors and volunteers may not be covered under California’s workers’ compensation laws.
What Does Workers’ Compensation Cover?
Workers’ compensation benefits provide injured employees with financial support and medical care to help them recover and return to work. Below are the primary benefits available under California’s workers’ compensation system:
1. Medical Expenses
One of the most important aspects of workers’ compensation is full coverage of medical expenses related to a work injury or illness. These expenses can include:
- Emergency medical treatment (ambulance services, emergency room visits)
- Hospital stays and surgeries
- Doctor visits and specialist consultations
- Medications and prescriptions
- Physical therapy and rehabilitation
- Diagnostic tests, such as MRIs, CT scans, and X-rays
- Medical equipment (braces, crutches, wheelchairs)
In California, injured workers are not responsible for out-of-pocket costs related to their treatment. However, medical care must typically be received from approved healthcare providers within the workers’ compensation system, unless it is an emergency.
2. Temporary Disability Benefits (Wage Replacement During Recovery)
If an employee’s injury prevents them from working for a period of time, they may be entitled to temporary disability benefits. These benefits are designed to replace a portion of lost wages while the worker recovers.
How Much Does Workers’ Compensation Pay for Lost Wages?
In California, temporary disability benefits generally cover two-thirds (66.67%) of the worker’s average weekly wages, subject to state-mandated minimum and maximum limits. These benefits continue until one of the following occurs:
- A doctor determines the worker has recovered sufficiently to return to work.
- The worker reaches maximum medical improvement (MMI)—meaning further recovery is unlikely.
- The worker reaches the maximum allowable duration for temporary disability benefits, which is 104 weeks (two years) in most cases.
If the injury partially prevents the worker from doing their job, but they can return to work with restrictions or reduced hours, they may receive partial disability benefits to cover the wage difference.
3. Permanent Disability Benefits (Long-Term Compensation for Severe Injuries)
If a worker suffers a permanent impairment that prevents them from returning to their job or limits their earning capacity, they may qualify for permanent disability benefits. The amount of compensation depends on several factors, including:
- The severity of the injury and how it affects the worker’s ability to perform tasks.
- The worker’s age, occupation, and earning capacity before the injury.
- The disability rating assigned by a medical professional (expressed as a percentage of impairment).
Permanent disability benefits may be paid in installments or as a lump-sum settlement, depending on the circumstances of the case.
4. Supplemental Job Displacement Benefits (Vocational Retraining)
If an injury prevents an employee from returning to their previous job, they may qualify for Supplemental Job Displacement Benefits (SJDB). This program provides vocational retraining assistance, allowing injured workers to develop new skills and re-enter the workforce in a different capacity.
Key details of the SJDB program include:
- Workers receive a voucher worth up to $6,000 for education, skill training, or certification programs.
- The voucher can be used at state-approved training providers and schools.
- Workers may receive career counseling services to assist with job placement.
This program ensures that injured workers who cannot return to their previous positions have opportunities to transition into new careers.
5. Death Benefits for Dependents
If a worker is killed on the job or dies due to a work-related illness, their dependents (spouse, children, or other financial dependents) may receive death benefits. These benefits provide financial compensation to support the worker’s family after their loss.
Death benefits may include:
- Funeral and burial expenses (up to the state-mandated limit).
- Ongoing financial support paid to surviving dependents.
- Lump-sum payments based on the worker’s earnings and number of dependents.
These benefits are intended to provide stability and financial assistance for families coping with the loss of a loved one due to a workplace accident or occupational disease.
Workers’ Compensation and Injuries While Traveling Between Job Sites
For many workers, driving from one job site to another is a regular part of their workday. But what happens if you’re injured in a car accident while traveling for work? Are you covered by workers’ compensation?
When Are You Covered?
If your job requires you to travel between multiple job sites or locations, any injuries sustained while traveling for work-related purposes may be covered by workers’ compensation.
Examples of covered scenarios include:
- Driving from one job site to another as part of your work duties (e.g., a construction worker moving between projects).
- Traveling to meet a client or attend a work-related meeting.
- Running errands on behalf of your employer (e.g., picking up supplies, delivering items).
- Driving a company vehicle as part of your job responsibilities.
- Traveling while on an out-of-town business trip.
In these situations, an injury sustained while traveling would typically qualify as a work-related injury, making the injured worker eligible for medical benefits and wage replacement under workers’ compensation.
Exceptions: When Are You Not Covered?
While workers’ compensation generally covers job-related travel, there are exceptions that could disqualify an injury from coverage.
1. The “Going and Coming” Rule
One of the most significant limitations to workers’ compensation travel coverage is the Going and Coming Rule.
This rule states that injuries sustained while commuting to and from work are not covered by workers’ compensation. For example:
- If you get into a car accident while driving to work in the morning, you are not covered by workers’ compensation.
- If you leave work and are injured on your way home, you are not covered.
However, there are important exceptions to this rule:
- If you are required to use your personal vehicle for work and are injured while driving for work-related purposes, you may be covered.
- If you are traveling for a business trip, workers’ compensation may cover injuries sustained during travel.
- If you are traveling between two work locations during your shift, injuries sustained during that travel may be covered.
2. Personal Errands During Work Travel
If you are injured while running a personal errand that is not work-related, your injury may not be covered by workers’ compensation.
For example, if you stop at a coffee shop on your way between job sites and slip and fall inside the store, workers’ compensation likely will not cover your injury since the activity was not directly related to work duties.
3. Misconduct or Unauthorized Travel
Workers’ compensation does not cover injuries that occur due to:
- Employee misconduct (such as driving under the influence while on a work-related trip).
- Unauthorized travel that was not part of the employee’s job duties.
- Engaging in personal activities that are not part of work responsibilities.
Steps to Take If You Are Injured While Traveling for Work
If you suffer an injury while traveling between job sites, it is important to take the following steps to protect your rights and ensure you receive the workers’ compensation benefits you deserve:
1. Seek Medical Attention Immediately
Your health and safety should be your top priority. Seek medical care as soon as possible and follow the doctor’s treatment plan.
2. Document the Incident
Gather as much information as possible about the accident, including:
- Photos of the scene, injuries, and any vehicle damage (if applicable).
- Witness statements from co-workers, passengers, or bystanders.
- Notes about the circumstances leading up to the accident.
3. Report the Injury to Your Employer
Inform your employer as soon as possible. In California, you must report your injury within 30 days to remain eligible for workers’ compensation benefits.
4. File a Workers’ Compensation Claim
Your employer should provide you with a DWC-1 Claim Form to formally report your injury. Complete and submit the form promptly.
5. Consult a Workers’ Compensation Attorney
Workers’ compensation claims involving travel-related injuries can be complex. Employers and insurance companies may deny claims by arguing that an injury was not work-related. A workers’ compensation attorney can help:
- Prove that your travel was work-related and qualifies for compensation.
- Appeal a denied claim and fight for the benefits you deserve.
- Ensure that your medical bills, lost wages, and disability benefits are fully covered.
Protect Your Rights with Solov & Teitell
Navigating a workers’ compensation claim for a travel-related injury can be challenging, especially when insurance companies attempt to deny coverage or limit benefits.
At Solov & Teitell, we specialize in helping injured workers fight for their rights and secure the full compensation they deserve. If you were injured while traveling between job sites, we can help you determine whether you are covered under workers’ compensation and guide you through the claims process.
Contact us today for a free consultation. Let us help you get the benefits you need to recover and move forward.