Should Workers Comp Cover Injuries Suffered Off-Site?

Insurance premiums increase when the number of claims rise. This is simply the nature of the business. If you had several automobile accidents, you will pay higher car insurance as a result. The same concept is applied to many other types of insurance, including workers' compensation. This is one of the reasons why employers sometimes dispute workers' comp claims that are questionable. It is also another reason why workers benefit by having a workers' compensation attorney handle their case.

What happens if a worker suffers an injury that is work-related but does not happen at work? This can be a tricky situation, especially if the accident is somewhat unconventional. A perfect example of this is reported in a recent article on CourthouseNews.com. As stated in the article, "A theater actress is entitled to workers' compensation after literally breaking a leg while warming up for a show, a New York appeals court ruled."

In this situation, the theater appealed the initial approval of workers' compensation benefits because the accident occurred while the actress was riding her bike to "warm-up" for the show. The accident did not occur on-site, therefore the question of whether or not workers' compensation benefits applied was raised. The circumstances in this case are unique in that the actress could not warm-up in the theater boarding house due to noise restrictions, nor at the rehearsal studio which was too small to accommodate all the performers at one time.

In the end, the court decided the actress was eligible for workers' compensation benefits providing this statement, "Under these circumstances, we see no basis upon which to disturb the board's decision that claimant was engaged in reasonable and work-related activity when she was injured."

This case is unique in nature, considering most workers' comp claims must originate from an accident that occurred at work and while performing work-related tasks. But where do we draw the line? If a worker slips on ice while cleaning off their car to drive to work, is it work-related? Probably not, however it just goes to prove that work-related injuries are best handled by a professional familiar with the rules and regulations governing the workers' compensation system.