Does workman's comp cover injuries sustained while traveling on company business?

Asked about 4 years ago - Orlando, FL

I was out of town on business and hurt my foot while in the hotel room. Didn't realize how bad I hurt myself till the next day. I now have to have surgery. Is this covered under workman's comp? Company corporate office is in Nevada but I am employed in Florida. Should this be covered under workmans comp?

Attorney answers (5)

  1. Kenneth Brian Schwartz

    Contributor Level 15

    Answered . Workers' compensation is a very state-specific subject (so I don't know why attorneys from other states are wasting your time giving "definitely maybe" answers that they qualify by saying "I don't know Florida law, but..."), and the question of compensability of your accident under Florida law will turn on facts that you did not provide (such as: What were you doing in the hotel room at the time of the accident? Preparing for a presentation? Settling in after a night of drinking?). So, you need to find an experienced FLORIDA workers' comp lawyer and discuss your case with him/her. If you need help finding one in your area, please let me know.

  2. L. Maxwell Taylor

    Contributor Level 20

    Answered . Possibly. I can't give you an opinion about Florida law, but I can tell you that if you were doing something specifically that was the employer's business, and you sustained injury, that's usually the extent of the worker's compensation inquiry. The whole idea of worker's compensation is that the employee only has to prove he was doing something in the course and scope of his employment, and that he got hurt, in order to qualify for benefits.

    For example, if you were driving on a business trip to a location where you were going to meet with the company's client, and you got into an accident on the way there, you would have been doing the employer's business and would be entitled to benefits.

    However, if you were merely AT the hotel, doing something that wasn't the employer's business, then worker's compensation would probably not apply, unless Florida case or statutory law has evolved a specific rule that extends benefits to that situation.

    In any event, you can apply for worker's compensation benefits. If they investigate, and tell you "no," THEN you need to speak with a lawyer.

    Florida law surely has wrinkles I don't know about, so you should consult a lawyer licensed there who can advise you based on all the facts and circumstances. I don't practice law in Florida so don't take what I say here as legal advice. It's just my two cents on the circumstance you describe in light of general principles of law.

    Good luck.

  3. Alan Stuart Katkin

    Contributor Level 13

    Answered . It is possible that you would be covered under Workers' Compensation Law for an injury sustained while traveling out of town on business. Each state has its own stautory and case law so you should consult with a Florida attorney where you live to determine if FL would have jusisdiction over the workers' compensation claim and whether your injury would be covered. In NY we have a portal to portal coverage rule for people who are traveling away from home on business so an injury such as yours even at your hotel room would be covered.

    This answer does not constitute legal advice nor is any attorney client relationship created. You should consult with a licensed attorney who is experienced in the area of law involved in your question.

  4. Alan Stuart Katkin

    Contributor Level 13

    Answered . It is possible that you would be covered under Workers' Compensation Law for an injury sustained while traveling out of town on business. Each state has its own stautory and case law so you should consult with a Florida attorney where you live to determine if FL would have jusisdiction over the workers' compensation claim and whether your injury would be covered. In NY we have a portal to portal coverage rule for people who are traveling away from home on business so an injury such as yours even at your hotel room would be covered.

    This answer does not constitute legal advice nor is any attorney client relationship created. You should consult with a licensed attorney who is experienced in the area of law involved in your question.

  5. Michael J. Helfand

    Contributor Level 16

    Answered . It's definitely worth looking into. Your foot injury may very well be covered by workers' comp. However, I do not recommend handling it on your own. Claims get denied all the time, even when an employee should be covered. An initial consultation with a workers' comp attorney shouldn't cost you anything. I'd be happy to give you a referral. I'm licensed in Illinois but I can recommend a colleague in your area. Feel free to call. 1-800-807-9530. Good luck.

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