People commute to and from work every day and they are not on the clock when they do. So if you were to be in an automobile accident on your way to or from work, you wouldn’t typically be covered by workers’ compensation laws.
There are limited circumstances in which an injury sustained while commuting to and from work can be covered by workers’ compensation. Under the workers compensation laws of Minnesota, there is a general rule that work comp applies to injuries that are sustained while an employee is at the workplace. They also apply to situations where the services of an employee that the employer requires is carried out somewhere other than the place of work. For instance, construction workers work in many different places in the course of their work, but they are covered by workers’ comp laws because they are carrying out services for their employers.
The injury also has to happen during the hours an employee is performing the service that the employer requires.
The exceptions that exist include:
- When the employer provides the employee with transportation to and from the place of work and the employee is injured while in transport.
- When the employee is travelling between two locations on the work premises.
- When the employee performs part of their work at home and an injury occurs between the place of employment and the employee’s home.
In most cases, while an employee is commuting to or from work, an injury sustained in an accident will not be covered by workers’ comp. However, if you have been injured under any of the above exceptions, then your injury may qualify for workers’ compensation.
Furthermore, being injured under one of the above exceptions requires that you report the accident to your employer as soon as possible, seek medical treatment, and file your claim immediately. There is a limit to the amount of time that you have to file your claim and you can do so with the help of a work comp attorney.
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Understanding the Role of Social Security Disability Benefits
If your injury from a workplace accident or an allowed commuting exception leaves you unable to work for an extended period, you may also consider applying for Social Security Disability Insurance (SSDI) benefits. Unlike workers’ compensation, which covers medical expenses and partial wage replacement related to a work injury, SSDI provides monthly income if your disability prevents you from engaging in substantial gainful activity for at least 12 months or is expected to result in death.
In Minnesota, qualifying for SSDI requires thorough documentation of your injury and its impact on your ability to work. Medical records, work history, and detailed descriptions of your limitations are essential for a successful claim. It’s important to begin gathering this evidence early, as the application and approval process can take several months.
Reporting and Documentation Tips After an Injury
Accurate and timely reporting of your injury is critical not only for workers’ compensation but also for any potential SSDI claims. After you report the incident to your employer, keep copies of all correspondence, medical records, and incident reports. Document your symptoms daily, noting how they affect your daily activities and work capabilities. This ongoing documentation can strengthen your case if disputes arise or if your condition worsens over time.
Additionally, Minnesota law requires employees to notify their employer within 14 days of an injury. Missing this deadline can jeopardize your claim, so prompt action is vital. Seeking medical attention immediately, even if injuries initially seem minor, is also crucial since some work-related conditions, like repetitive strain injuries or psychological trauma, may develop gradually.
When to Contact an Attorney
Navigating workers’ compensation and SSDI claims can be complex, especially if your injury falls within one of the commuting exceptions or if your disability is long-term. An experienced attorney can help ensure your rights are protected, assist in gathering necessary documentation, and advocate on your behalf throughout the claims process. If your claim is denied or you encounter delays, legal representation becomes even more important.
At Harvey & Carpenter, Attorneys at Law, located in Mankato, Minnesota, we have extensive experience helping injured workers secure the compensation they deserve. Contact us today for a consultation to discuss your case and learn how we can assist you in navigating your workers’ compensation or SSDI claim.
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