Pennsylvania Workers’ Compensation Eligibility – Accidents Occurring Off the Employer’s Premises


[suffusion-widgets id=’4′]

There are many different types of jobs which require traveling for work. For instance, a plumber or other residential contractor often works in dozens of private homes each month. An insurance employee may have to travel to multiple locations to conduct insurance investigations. A traveling nurse often provides medical care at many patients’ homes.

When an employee is injured when technically off the employer’s premises, they may have questions about their eligibility for workers’ compensation benefits. In general, if an accident occurs while an employee is performing work for the employer, even if off the employer’s premises, the accident will likely be covered by workers’ compensation. It is important to note, however, that each work accident case is unique and determining workers’ compensation eligibility usually requires analysis by a workers’ compensation accident lawyer.

It is also important to note that in many work accident cases other non-employer parties may be liable. Therefore, an injured worker may make a workers’ compensation claim in addition to a tort or negligence claim.

For example, an employee of a plumbing company goes to a home to conduct repair. He falls down a flight of stairs due to a broken step. The injured employee may have a valid claim against the homeowner for negligent maintenance which led to the fall. He would also have a valid workers’ compensation claim.

Injuries Which Occur Off the Employer’s Premises or Place of Business

With respect to accidents and injuries which occur off the employer’s premises, the Pennsylvania Workers’ Compensation Act, Section 301(c) provides that certain accidents which occur off the employer’s premises will be covered:

“shall include all other injuries sustained while the employe is actually engaged in the furtherance of the business or affairs of the employer, whether upon the employer’s premises or elsewhere, and shall include all injuries caused by the condition of the premises or by the operation of the employer’s business or affairs thereon, sustained by the employe, who, though not so engaged, is injured upon the premises occupied by or under the control of the employer, or upon which the employer’s business or affairs are being carried on, the employe’s presence thereon being required by the nature of his employment.” (emphasis added)

This means that so long as the employee was actually working at the time of the accident, they will be eligible for workers’ compensation benefits. However, in some instances, eligibility may be at issue when there is evidence that the employee was off on a personal excursion, such as stopping for lunch or the bank in between work assignments. In such cases, employers may decline workers’ compensation coverage. Therefore, it is important to consult with a workers’ compensation and work accident lawyer to ensure proper financial compensation.


Philadelphia Workers’ Compensation & Accident Lawyers. FREE Consultations. Click To Call

The Philadelphia law firm of Laffey, Bucci & Kent represents workers who are injured on the job. Our work accident lawyers specialize in handling negligence cases against third parties and may handle workers’ compensation cases. Depending on the facts of a given work accident case, the firm may refer the workers’ compensation case to another law firm. Please call the firm for a free consultation. Click To Call

Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.