Being hurt on a business trip will be considered a work injury? If it does, you can get compensation under worker’s compensation in Miami. However, each case is unique and is dealt with differently after taking due consideration of the details.
A worker may not be eligible for compensation in case of discrepancies, like the worker being involved in non-business work during the business trip when the accident happened. In other situations, the worker may be denied compensation even though the injury results from a business trip.
In such compromised situations, it is important to have a worker’s compensation attorney by your side. Is providing the proof that you are hurt on a business trip enough to get your worker’s comp in Miami? Unfortunately, no, the cases are not that straightforward. Getting claimed for worker’s compensation requires a thorough presentation of evidence to prove your case.
Sometimes doing it all by yourself while being hurt is impossible. Also, dealing with the employer’s insurance company is difficult. Keeping all such things in mind, here is a guide to worker’s compensation when injured on a business trip. To be on the safer side, we recommend hiring a workers’ comp attorney in Miami. But let’s understand what the laws have to say.
Factors affecting worker’s compensation on a business trip
In Miami, Florida, an overnight business trip is considered part of employment, even when staying at a hotel. Expenses on such a trip are considered portal-to-portal coverage. There are various factors upon which the worker’s compensation for a work injury on a business trip is determined. There are different cases in which the compensation may be denied or accepted. A few of these factors include:
- The length of the business trip
The length of a business trip can also affect the chances of claiming worker’s compensation. The work injury resulting from an extended business trip may be dealt with differently. For instance, if you extend the business trip for personal reasons, the injuries sustained during such a period may not be counted within employment. Thus, the worker’s compensation claim will most likely be denied.
Also, at times you have free time during a business trip (like weekends) and choose to visit the tourist places of the place. Any injury incurred during this phase will not apply to receiving worker’s compensation.
Only injuries inflicted directly linked with your work are thus covered under worker’s compensation. The direct aim of worker’s compensation is to provide compensation for injuries related due to travel and work.
- The state in which the injury incurred
The state where the injury incurred matters in receiving the worker’s compensation for work injury caused on a business trip. At times, the worker’s compensation laws may differ depending on the state in which the injury is inflicted. The injured worker should inform of the work injury on a business trip immediately to their supervisor/employer. The employer then reports the same to their insurance company. After that, the insurance company must inform which state laws will apply when receiving worker’s compensation.
- Some personal work can be considered substantial
As already mentioned, each case is unique. Just because injuries incurred outside the business work aren’t counted does not mean your case is the same. There is always a hint of uncertainty available in such cases.
The law says some personal work can be considered too unsubstantial not to fall under worker’s compensation. In minor cases, like going on a walk before heading to work will not be considered an activity away from business work. The injured worker has the right to fight for compensation in such circumstances if denied.
However, the victim should be able to provide sufficient evidence that running such an errand cannot be considered way too much outside of business work.
Get third-party personal injury compensation instead
Is your worker’s compensation on a business trip denied? Does the insurance company not consider the injury on a business trip connected to the business work?
Even if you have somehow missed the right to receive worker’s compensation, there are still other ways to get your compensation otherwise. Besides worker’s compensation, you can get the damages recovered by filing a different personal injury case.
For instance, if your work injury on a business trip is caused due to a slip and fall in the hotel you are staying, you can file a slip and fall case against the hotel owner and recover the damages. If you have met with a car accident on a business trip, you can file a car accident lawsuit against the at-fault driver.
However, it’s best first to take advantage of worker’s compensation to receive the claim. It won’t cover the medical bills, mileage reimbursement, and lost wages for a reasonable period of time. If the employer’s insurance company denies the claim, it is better to consult a worker’s compensation attorney in Miami.
Why hire a worker’s compensation attorney for a business trip work injury?
A Miami workers’ comp attorney is well-versed in the rights of the injured worker. They surely know how they can turn the case in your favor. Moreover, having an attorney by your side gives you an upper hand over the opinions of the insurance company.
Once your attorney ensures that your injuries are legally valid to get worker’s compensation, you can file the lawsuit. The attorney will accompany you from filing the case to recovering the estimated compensation.
The attorney will examine the case in detail and convey all the possible solutions available to receive compensation. This would involve third-party negligence claims as well. No matter the type of claim, the attorney will file for the specific case accordingly.
They will ensure that the damages are fully recovered and more. When an attorney backs an employee, the employer’s insurance company handles the case differently.