Legal Question in Workers Comp in Alabama

can i claim workmans comp for being in a car wreck on the way to work that left me unable to work for a month?


Asked on 2/18/12, 9:39 am

1 Answer from Attorneys

Jon Lewis Lewis, Feldman, & Lehane, LLC

You may have claims for uninsured motorist coverage or against the other driver (if there was one), but it is doubtful that you have a workers compensation claim. However, it is possible because there are exceptions to the general rule that traveling to and from work is not covered by workers compensation in Alabama. See below:

[6] Workers' Compensation 750

413k750 Most Cited Cases

There are exceptions to rule that injuries sustained in accidents that occur while an employee is traveling to and from work are not covered under Workers' Compensation Act, including situations where the employer furnishes the employee transportation or reimburses him for his travel expenses; where the accident occurs on the employer's property or on public property that is tantamount to the employee's ingress to and egress from the employer's property; or where the employee is injured crossing a public street between the main premises of the employer and the parking lot owned by the employer. Code 1975, 25-5-31.

[7] Workers' Compensation 723

413k723 Most Cited Cases

When an employee, during his travel to and from work, is engaged in some duty for his employer that is in furtherance of the employer's business, exception arises to general rule that injuries sustained in accidents that occur while an employee is traveling to and from work are not covered under Workers' Compensation Act. Code 1975, 25-5-31.

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Answered on 2/19/12, 6:57 am


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