injured on way to work

[justaguy1]

What is the name of your state (only U.S. law)? NJ

I was in a motor vehicle accident on my way to work and am now out of work due to the accident. several people have indicated to me this should be covered under workman's comp, although I do not see how this would be the case. Does anyone know if this is the case?

My job is telling me I have to fill out for FMLA leave.....

 

[ecmst12]

If you were not on the clock, then workers comp does not apply.

 

[cbg]

State law varies as to what constitutes workers comp, but I am not aware of any state where workers comp applies to injuries incurred on your way to work. There may be some - I am not saying there aren't. I have not studied the workers comp laws of all 50 states. But there are none that I know of.

FMLA would appear to be appropriate.

 

[latigo]

If you were not on the clock, then workers comp does not apply.

What do you mean "on the clock"! In what treatises on workman’s compensation laws did you find that slangy expression as determinative of industrial accident coverage?

How do you know that he punches a clock when we are not told the OP’s profession or occupation, or whether he is paid by the job, an hourly wage, monthly salary or on commission.

Suppose "on my way to work” means that he was traveling from one "work" site to another? Or he was returning to work from a "work" related errand. Or if he was driving a company vehicle.

And stop acting like you are something that you are not! If your life is so empty and unrewarding that you have to fill it with pretension while incessantly voicing a vicious condemnation of the American Judicial System, at least have the courtesy to admit to your audience that you are not now nor have ever been in any way professionally associated with that System!

 

[pattytx]

latigo, cbg has the correct answer here. I, also, do not know any state in which an injury experienced during the worker's normal commute is Work Comp eligible. In addition, "on way to work" implies commute. If the OP had meant "while driving to a customer location" or something similar, I would think he would have said so.

 

[Zigner]

What do you mean "on the clock"!

It's a slang expression - I'm sure you've heard it before

It's on a par with "during the course of employment"

 

[latigo]

It's a slang expression - I'm sure you've heard it before It's on a par with "during the course of employment"

That is not the point Z! I’m particularly experienced in practicing workcomp law.

The point is that this charlatan continues to blurt out her brand of legal guesswork and yet refuses to warn her listeners that she’s never seen the inside of a law school or a law library!

And if you are an officer of the court, then you are professionally bound to defend and uphold its dignity. And instead of defending this faker - this former apprentice insurance adjuster, - you should be denouncing her for what she is and protesting her berating and reviling the system as nothing but a cash cow!

That is, unless you view it the same as she does.

 

[Zigner]

...but Lat - she's right

 

[justalayman]

and just to toss my two cents into the issue (and stir the pot):

there are situations where a person travelling to work would be covered under a WC insurance.

I suspect that is not the case in this situation but along with the other situation percolating in the thread; not enough info to be certain.