Work Injury Claim

Inside the Law: Workers Comp: When are commuting employees covered?

May 16, 2018 - 3:00 am

By Amy E. Feldman, Judge Technology Solutions

PHILADELPHIA (KYW Newsradio) -- Airline travel is scary, isn't it? A flight attendant's injury illustrates, statistically speaking, the most common way to get injured in the context of commercial airline travel. 

She was on a shuttle bus from the employee parking lot to the airplane when she fell and hurt her foot. She applied for workers compensation, but the airline protested because she wasn't injured in the scope of her employment. 

Is she eligible? 

In general, workers compensation does not cover people who are commuting to or from work. 

That said, there are some exceptions. 

If you are traveling from one worksite to another, even if you work from home and you are on your way from your home office to the business address, you may be eligible. 

You may also be eligible, as the court found the flight attendant was, if the employer provides transportation or, in this case, has the employees park in a designated area and make use of transportation provided. 

She was granted workers comp and has taught us a good lesson: always be careful when taking a flight. Parking lots are dangerous places.