Can You Receive Workers’ Compensation from an Accident While Commuting?

A person with a cast on their hand signs a workers compensation document

If you are injured on the job and your employer is located in New Mexico, you are generally entitled to receive Workers’ Compensation benefits, such as those for disability pay and medical care. Workers’ Compensation benefits can help to pay for your medical expenses, lost wages, and the like. But what does this mean if your injury occurs on the way to or from work? Are you covered for injuries during your commute? Unfortunately, the answer is: it depends. 

Under New Mexico law, a worker is usually not entitled to Workers’ Compensation benefits if he or she incurs an injury while commuting. However, there are a few specific exceptions to this rule.

You’re Asked to Complete a Special Task

If your employer asks you to run an errand or a special job outside of your normal work hours, it usually is considered an exception to New Mexico’s commuting law and you will be covered for your injuries. In other words, if you are asked to pick up a catered breakfast for a business meeting that will start at the beginning of the day and you are injured while on your way to the restaurant, you will likely be covered.

You Must Travel from One Job Site to Another

Another common exception is when you are moving from one job site to another. If you work at multiple oil fields or construction sites and it’s your responsibility to go from one job site to another, you may be covered. In fact, you may even still be covered if you make a stop at home in between locations.

You’re on a Business Trip

A final potential exception is if you are injured while on a business trip. If you are required to travel for your job and you are injured during the course of your travel, you will likely be covered. However, this does not necessarily mean that you are covered if you are driving to the local area casino after meeting a client. 

MPJ Law Firm Can Help Those in NM Who Have Been Injured While on the Job

If you or a loved one has been injured while on the job, it can greatly impact your life. It can be difficult enough to deal with your injuries, but it can be even harder when you are left to pick up the pieces financially. You should never have to pay the price for someone else’s mistakes. Understanding whether or not you have a claim for your injuries can be both frustrating and confusing given the law and its exceptions. 

At MPJ Law Firm, we have a deep understanding of workers’ compensation and understand the importance of receiving help for your injuries. We will always act in your best interest. To learn more or to schedule a free consultation, contact us today!

Posted in: Personal Injury, Workers' Compensation