For the construction laborers, truck drivers, repairmen, and nurses of the world, workplace accidents are common enough to keep in mind. Even in the most stagnant offices, a slippery floor can pose ample injury to keep you out of work for a good while. To ensure that your workers’ rights are protected, or to attain compensation for an accident on the job, trust an upstanding accident attorney to blaze the trail for you. The workplace accident attorneys at Murphy & Rudolf, LLP are skilled professionals with years of experience protecting workplace rights or seeking action after an employment-based injury. Ensure that your case is on the right track by filling out an online contact form or call (508) 570-3037 for advice from a vetted workplace accident attorney.
Compensation Is Due for Injuries On-Site
If you’re an employee within the state of Massachusetts who’s experienced an injury while working, then your case is immediately entitled to workers’ compensation. This is outlined by Massachusetts General Law, Chapter 152 section 26: “If an employee received a personal injury out of and in the course of their employment, they shall be paid compensation by the insurer…or self-assurer” (MGL, 152-26).
It’s quite a relief that most workplace accidents pose no issue in proving that an employee was indeed injured while on the job. However, there are other caveats that can obstruct your path to a workplace compensation package. Take, for example, the tragic Going-and-Coming Rule.
Understanding Massachusetts’s “Going-and-Coming” Rule
Massachusetts law covers workplace accidents stemming from workplace duties – not including your commute to or from work. In other words, an employee who suffers injury on their way to the office is unlikely to receive workers’ compensation, since the accident isn’t technically out of and throughout the course of employment. This is legally referred to as the Going-and-Coming Rule. Commuting to or from work does not fulfill any real need for an employer, so these cases are effectively barred from receiving workers’ compensation. Of course, as many laws do, this rule holds a few exceptions.
Notable Exceptions to the “Going-and-Coming” Rule
The first exception to this law applies to those workers whose job calls for out-of-office duties on a regular basis. Otherwise known as the “traveling employee” exception, occupations such as hospice nurses and at-home caretakers are exempt since travel is a major part of their professional duties.
Secondly, you could be exempt from this rule if the accident occurred while carrying out a request for your employer. This could be a trip to the store, a bank run, or any other special errand put forth by your company – any injuries during a work errand are eligible for workers’ compensation.
Lastly, an employee injured on their employer’s property during a commute is able to claim compensation from their employer; one example is being hit by a car while walking in the parking lot. In this instance, you’d be covered by workers’ compensation.
Review Your Case With a Workplace Accident Attorney
Even with this valuable information in hand, seeking out expert advice is always recommended when it comes to legal matters. Protect your workers’ rights and eligible workers’ compensation by contacting a knowledgeable workplace accident attorney at Rudolph & Murphy, LLP. For a free consultation, quickly visit and fill out a contact form or call (508) 570-3037 to set up an appointment.