traveling for work

If My Work Injury Happened While Away – Which State Has Jurisdiction?

December 20, 2019 By James Hoffmann Leave a Comment

Workers compensation laws are managed by the state, not by a federal set of laws, so the rules may be different depending on where you were injured while working.

Workers in Missouri may not always be located in Missouri. There are cases where the worker is located in a city along the border or they are required to travel out of state as part of their job. In many cases, it’s possible for the worker to spend a good portion of their work activity outside Missouri. And, as a result, it’s also possible to get injured while outside the state.

In these cases, which state has jurisdiction over your worker’s comp claim?

What Does the Law Say?

Worker’s compensation laws are managed by the state. Because it is not a federal set of laws, it means the rules can be different from state to state. Some may award more compensation, while others can flat out exclude certain types of injuries, such as mental health issues.

Jurisdiction issues may arise when the worker is injured out of state or they are injured in Missouri, but their employment was not finalized in Missouri (meaning they were contracted in another state but worked in Missouri).

There are three main instances where you are eligible to file a compensation claim in Missouri:

If the Injury Took Place in Missouri – In this case, you can file the claim directly in the state where you got hurt or contracted work-related diseases. This is also the most common scenario for workers comp claims, especially if you are employed in Missouri. If you are not, however, some jurisdiction disputes could arise, especially if the state where you were contracted has stricter laws. However, a St. Louis work injury lawyer may bring your case to Missouri.
If Your Contract Was Formed in Missouri – If you are employed in Missouri, but have to carry any part of your work activity outside the state, your case can still be filed in Missouri, even if the injury took place somewhere else. However, you should note that some employment contracts specifically mention that in case of an injury, you have to file the claim in the state where it took place.
If You Were Located in Missouri for More Than 13 Weeks – If you have to relocate for your job, even if temporarily, you may be able to still file a compensation claim in Missouri if you can prove the state was your primary employment location for at least 13 weeks.

Another Thing to Consider

Worker’s compensation cases can be rather complex and may require your physical presence for certain meetings and discussions. As a result, it’s always best to file a claim in the state where you also live to avoid additional travel costs.

However, you also have the option of working with a lawyer, in which case they can represent you even if you’re not in the state. Please contact the Law Office of James M. Hoffmann for a FREE online consultation. Call us 24/7 at (314) 361-4300.

Can I Get Workers Compensation If I Was Injured on a Work Trip Overseas?

November 18, 2019 By James Hoffmann Leave a Comment

The details of the case and the injury itself become extremely important to prove to your employer and the insurance company that your injury is indeed work-related.

Workers’ compensation laws do not apply to every single scenario. Missouri workers need to understand exactly how these laws apply to know what are the instances when the are fully covered, and when they are not.

Case in point: injuries occurring during overseas trips. Are they eligible?

What Does the Law Say

In general terms, Missouri courts recognize that for some people, traveling is part of their job description. So while for some, workers’ compensation laws only apply if they occur at their place of employment, some jobs are added as exceptions to this rule. For instance, someone who works as a deliveryman is most likely never at the office. As a result, Missouri courts state they too should be compensated if they get hurt on the job because part of their regular work activity involves traveling.

The same principle can apply to those who have to travel overseas as part of their work. However, it may be necessary to prove that the injury is work-related. The details of the case and the injury itself become extremely important to prove to your employer and the insurance company that your injury is indeed work-related.

Interpreting the Law

Missouri workers comp laws generally apply when the worker gets injured at the job, performing a work activity, while they are on the clock. That means that if you get injured at the office during work hours, performing your regular work activities, you generally have nothing to worry about.

But situations that deviate from this scenario can be tricky. For instance, it is already established that driver to or from work is generally not covered under workers comp, so if you get injured at these moments, then your medical costs usually won’t be reimbursed. The same principle may also apply while you are traveling to another country for work – the journey itself may not constitute as on the clock activities even if arguably it’s something your job requires you to do.

Additionally, the insurance company may ask extra details regarding how you got injured to see if it is indeed work-related. If the accident occurred while you were doing your job, such as during a meeting with a client, perhaps, then you might not get a lot of push back. However, if you got injured while sightseeing on your own time, then that injury is typically not eligible for workers comp.

How Do You Know If You Have a Case?

If you got injured during a business trip overseas and aren’t sure if you have an eligible case for compensation, it’s best to discuss your case with an experienced workers compensation attorney. They can tell you if you are eligible, and if you are, they can also help you file a claim and make sure you receive the full amount of compensation you are legally entitled to.

5 Safety Tips for Traveling Workers

January 23, 2019 By James Hoffmann Leave a Comment

Traveling for work can be a fantastic experience, but it also comes with a few risks.

Those who travel for work run into a variety of hazards that conventional workers do not. When you think about it, this makes sense, as travelers tend to find themselves in unfamiliar situations. Still, keeping yourself safe while on the road is relatively simple, as long as you follow some guidelines.

Rent a Familiar Car (If Possible)

One area where travelers get into trouble is renting cars that they aren’t familiar with. While it is understandable to want to switch things up, doing so could make you more likely to be involved in an accident. What you can do instead is rent a car similar to the one you drive on a regular basis. That way, you won’t be surprised by the way the vehicle functions.

Use Your GPS Properly

GPS is a wonderful tool, and it is especially crucial in areas that you’ve never driven in before. Using one can take the guesswork out of getting to your destination, and make you much safer as a result. That being said, some people get into trouble with their GPS by misusing it. The most common situation in which they do so is trying to adjust directions while driving. This is a form of distraction and should be avoided. What you can do instead is pull over and safely tweak your route.

Be Aware of the Weather

People often travel to areas with vastly different weather than they have at home. The most problematic is going from a dry climate to one that is wet or snowy. That kind of weather frequently leads to drivers losing control of their vehicles, so you should respect the danger that they represent. You may want to consider not driving at all if the weather is bad enough, and instead using a taxi or rideshare service.

Keep Your Head Up

Whether you’re walking on the street or driving in a rental car, it is a bad idea to look down at your phone. Doing so is tempting, but taking your attention away from what’s in front of you can be dangerous. Instead, use your phone when stationary, and then give walking or driving your full attention.

Get Vaccinated

This tip won’t apply to most, as you will not need additional vaccines when traveling in the United States. Still, some travelers go to international destinations for work. In that case, it is a good idea to look up what vaccines the CDC recommends for that country and discuss them with your doctor.

Traveling for work can be a fantastic experience, but it also comes with a few risks. The good news is that you can follow our 5 simple tips and make yourself much safer. Of course, if anything goes wrong, you can always discuss your options with a St. Louis workers compensation lawyer. Doing so is crucial, as injuries suffered during work travel tend to lead to complicated cases. Give us a call 24/7 for a FREE Consultation :: (314) 361-4300

What is the “Going And Coming Rule” for Workplace Accident Injuries?

November 23, 2017 By James Hoffmann Leave a Comment

You have to prove that your injury is work-related to recover workers compensation benefits.

When you are injured while performing under the scope of your employment duties, you are entitled to workers’ compensation benefits. The benefits are designed to pay for an employee’s medical costs and any lost wages. To be eligible for workers’ compensation benefits you have to prove that you were injured while performing under the scope and authority of your job description. You can’t just be injured while you are at work.

The “going and coming” rule for workers’ compensation benefits is a rule that states an employee is not eligible for benefits if they are commuting to and from work, unless that commute was in some way was related to their work duties. That does not mean that if you are coming or going to work and are injured that you are automatically not covered. It just means that you have to prove that your commute was work-related, and that you were technically “on the job” when you were injured.

For instance, if you were running an errand for your boss and injured while doing so, then you would be eligible for workers compensation. However, if you were speeding to make it to work on time and were injured, then you would not be eligible to recover. Sometimes proving that your commute was under the scope of your employment can become problematic and might take the help of a St. Louis workers’ compensation attorney to sort through the logistics of your individual case.

Exceptions to the Going and Coming Rule

There are exceptions to the going and coming rule. If you are commuting in a company car, there are times when you might be able to argue that the logo can be considered advertising, meaning no matter where you were commuting to, it was work-related. Some other reasons may include:

If you are traveling as a major part of your job duties, like in sales, then your injuries would most likely be covered through workers’ compensation, since traveling is a part of what you do while you are at work.
If you are required to travel between various sites or job sites, then in most cases if you are injured while commuting, you would be eligible to receive workers’ compensation benefits. Types of jobs that would require this type of commuting would be anything from landscaping to computer technician.
If you were sent on a “special mission” to do something that was work-related and you were injured, it would be under the scope of your employment because you were given instructions and specific directions. This would include things like taking your boss’s dog out for a walk or picking up his dry-cleaning.
If you travel for business and you are injured on a trip, then most likely you would be eligible to collect workers’ compensation benefits. For instance, if you are traveling for a conference but the conference lasts only a couple of hours, the whole time that you spend in transit would probably be considered “work-related.”

Because you have to prove that your injury was work-related to be eligible to collect workers’ compensation benefits, you might need the help of a professional St. Louis workers’ compensation attorney to walk you through the complexities of defining how the coming and going laws apply to your individual case.

The Law Office of James M. Hoffmann

We have been helping victims of workplace accidents recover compensation for over 20 years. If you have been injured at work call us to discuss your case.

You should be receiving treatment for ALL of your injuries, not just the ones the insurance company wants to accept. Do not let the carrier deny you benefits. Call us today at (314) 361-4300 or fill out our online case evaluation case.