Your employer cannot simply claim that you were “off the clock” to deny you workers’ compensation. If you sustain injuries while traveling for work or working off-site in Tennessee, double-check your coverage. You may still qualify for workers’ compensation even if your accident was outside your workplace.
Workers’ compensation denials are common for workers who require frequent travel, as accidents tend to occur off-site. However, Tennessee law recognizes important exceptions.
The “coming and going” rule
Generally, injuries sustained during routine commutes are not compensable. In Tennessee, this is known as the “coming-and-going rule.” Many employers use this rule as a shield to deny legitimate claims.
However, if travel is a primary part of your employment, this rule may not apply. For instance, if your employer provides a company vehicle or compensates you for travel time, your legal protection begins as soon as you start your journey, not when you step foot on company premises.
When are you covered?
You likely qualify for workers’ compensation if your situation falls under these common exceptions:
- On a special mission or errand: If your employer sent you on an unusual work assignment outside your normal duties, such as traveling to meet a client, then travel counts as work time and you are protected.
- Using a company vehicle: If you drive a company vehicle and must take it home, injuries during your commute are usually covered. This exception recognizes that you provide a benefit to your employer by keeping the vehicle ready for immediate use.
- Traveling or working at multiple locations: If your role requires regular travel to multiple locations or job sites, the coming-and-going rule does not apply.
- Paid to travel: If your employer pays for your travel time or reimburses mileage, your travel is considered work-related and therefore compensable.
If you believe you qualify for benefits, document the incident and do not be afraid to report the incident to your employer. Filing a formal report with the employer can help you prove your claim. It can also serve as evidence if you choose to appeal if denied.
Appealing a denial
The state gives you the right to appeal if your employer denies your claim based on location. You can file a Request for Mediation through the Tennessee Bureau of Workers’ Compensation. To do this, you will need to provide evidence that supports your claim that your travel qualifies for benefits.
You do not need to accept a denial as the final word. With the law protecting your rights during work-related travel, off-site injuries do not automatically disqualify you from benefits. Consider seeking a legal professional experienced in workers’ compensation to know more about your options and strategies.