When to consult a workers' comp attorney for on-the-job injuries in New York
If you’re injured on the job in New York, your course and scope of employment plays a major role in determining whether you qualify for workers' compensation. To receive benefits, your injury or illness must occur while performing duties related to your job.
However, not every work-related incident happens at the office or during regular hours, which can complicate your claim. Knowing when injuries qualify under this framework is key to getting the compensation you deserve.
What does the course and scope of employment cover?
The course and scope of your employment includes tasks you perform at your employer’s request or for the benefit of the business. This can range from daily responsibilities at the office to off-site tasks, such as meeting clients or running errands.
Examples include:
- Operating company vehicles or equipment.
- Attending meetings, training, or work-related events.
- Traveling between job sites or client locations during work hours.
Workers’ compensation generally covers injuries sustained during these activities since they arise directly from employment duties. Workers' compensation benefits aren't limited to accidents that occur on company property.
For example, if an employee is injured at a client’s site while performing assigned tasks, that injury falls within the course and scope of employment. Similarly, incidents occurring during business travel are usually compensable, even if they happen off-site.
Gray areas in scope of employment
Certain situations aren’t always clear-cut when it comes to workers' comp claims. For instance, insurers may attempt to deny coverage if you were on a work errand but briefly deviated for personal reasons (e.g., stopping for coffee).
These "gray area" cases often lead to disputes, making it especially important to consult an experienced workers' compensation attorney who understands how to argue for full coverage.
How does the coming-and-going rule affect your claim?
New York law generally excludes injuries sustained during an employee’s commute to and from work. Known as the "coming-and-going" rule, this exclusion assumes the commute is personal time rather than part of employment duties. However, there are exceptions.
If an employer provides transportation or reimburses travel costs, the trip may be considered part of the course and scope of employment. For example, if an employee is injured in a work accident while using a company car, they could qualify for workers' compensation. Additionally, injuries on company premises (such as in a parking lot) just before or after work hours may also be compensable.
What exceptions apply to off-duty activities?
Recreational events and volunteer work
Not every injury connected to work qualifies for workers’ compensation. Injuries during optional social events, such as company holiday parties, are often excluded unless attendance is mandatory or benefits the employer.
Similarly, injuries sustained while volunteering for a work-related cause may or may not be covered. This depends on whether your employer required participation or derived business benefits from your volunteer effort.
Work-related errands
If you’re injured while performing a special errand for your employer (such as delivering items outside regular work hours), that injury is likely covered. Even seemingly small tasks, such as picking up office supplies, fall under the course and scope of employment if you were acting on behalf of your employer at the time.
The importance of timely filing and reporting
In New York, injured workers must report their injuries to their employer within 30 days. Waiting too long can make it more challenging to receive compensation. If you’ve missed this deadline, consult a workers' comp attorney to understand your potential options and ensure you take the right steps moving forward.
What evidence strengthens a workers' compensation claim?
Proving that your work injury falls within the course and scope of employment requires solid evidence. Here’s what you should do:
- Report your workplace injury to your employer as soon as possible in writing so it’s documented.
- Collect witness statements from coworkers, clients, or others present at the time of the incident.
- Get prompt medical attention and let your doctor know that you were hurt at work.
- Retain any documentation of assignments or instructions related to the task being performed.
In some cases, employers or insurers may argue that an injury occurred outside the scope of your employment. They might claim that you were engaging in personal activities at the time of the incident or that your injury resulted from negligence. An experienced New York workers’ compensation attorney can help gather the evidence needed to challenge these claims.
What types of benefits can workers' comp provide?
New York workers' compensation covers necessary medical treatment, partial wage replacement for time missed from work, and rehabilitation services if you need to retrain for a different role due to your injury. Additionally, benefits may be available for permanent injuries that affect your ability to work in the long term.
Why should I hire a NY workers' compensation attorney?
Workers' compensation attorneys are experienced in identifying whether an injury falls under the course and scope of a worker’s employment. They can gather key evidence, such as employer records and witness testimony, to strengthen your case.
If your employer or insurer disputes your claim, your attorney can ensure you have the representation needed to fight for benefits. Your attorney can also help with calculating fair compensation, including lost wages, medical expenses, and benefits for permanent injuries. They understand how New York's workers' compensation system works and can anticipate challenges, giving you the best chance for a successful outcome.
Remember—insurance companies may try various tactics to minimize what they owe you, including offering a low settlement or questioning the severity of your injuries. An attorney can ensure these tactics don’t affect your claim’s outcome. They’ll work to gather strong evidence, counter insurance arguments, and demand fair compensation, helping you focus on recovery.
Get the legal support you need with a free consultation
If you were injured on the job in New York, ensuring your injury is recognized under the course and scope of employment is key to receiving workers' compensation benefits. An experienced New York workers’ compensation lawyer is ready to fight for your rights and ensure that insurers don’t try to downplay your claim. They also work on a contingency fee basis, so you pay nothing unless they win your case. Contact a New York attorney today for a free consultation, and let them take the stress off your shoulders while you focus on recovery.
