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Going to and from work and the traveling employee

An employee, who travels on business for the employer, or at the request of the employer, is in the course of employment while traveling. Employees on business trips are generally considered to be continuously in the scope of employment during the entire duration of the business trip, unless the employee makes a distinct departure on a personal errand. However, this requires a substantial and unauthorized deviation or detour for personal purpose to remove the travel from being considered to be in the course of employment during the period of deviation. Issues regarding traveling employees generally go to whether an injury, which occurs while traveling, meets the “in the course of” requirement of the workers’ compensation statute. Typically, there is no coverage for an employee while traveling to the office or while traveling home. However, there are several key questions in determining whether or not a traveling employee will be entitled to benefits. The nature of the activity in which the employee was involved while traveling, resulting in the injury must be determined. Typically, if a trip involves both business, as well as personal purposes, then the trip will be deemed to be one in which coverage is provided. However, claims in which the employer provides a vehicle also results in compensable claims, even though an employee may be traveling to their home. This rule has been extended to provide coverage if an injury occurs on the employee’s premises, even during a break or while off the clock, or while involved in a recreational activity, which is provided by the employer.

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