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Can You Get Worker's Comp for Getting Hurt on Vacation?

By Daniel Taylor, Esq. on December 04, 2014 | Last updated on March 21, 2019

Worker's compensation provides benefits to workers who are injured, even if they are injured away from the job site. But does worker's compensation kick in if a person is injured while on vacation?

One Australian woman successfully filed a claim for worker's compensation after suffering an injury while having sex in her hotel room. In that case however, the woman was on a business trip. And U.S. worker's compensation rules aren't necessarily the same as those of Australia.

So what about injuries suffered on a vacation?

To be eligible for worker's compensation benefits, a worker must suffer an injury that is work-related. Although these injuries are typically suffered at an employee's workplace, an injury does not necessarily have to occur at work to be work-related. For example, accidents that occur while driving in a company or personal vehicle while running a job-related errand may be considered work-related, as might injuries sustained at a company-sponsored event such as a Christmas party.

An injury sustained during personal travel will generally not be considered work-related. This not only includes traveling for vacation, but also traveling to and from work for workers with a fixed place of employment. But what about injuries sustained during business travel?

Worker's Compensation for Travel Injuries

Injuries that occur during work-related travel may be covered by worker's compensation. Although laws vary by state, generally, if an employee is traveling for a business purpose, injuries relating to an employee's job duties are considered work-related.

More questionable, however, would be injuries sustained while on a business trip but engaging in non-business activity, such as eating in a restaurant or going sightseeing. In that case, a worker's compensation attorney would be able to review the facts of your injury and advise you on the likelihood of being covered by worker's compensation.

Learn more about filing a claim and receiving worker's compensation benefits at FindLaw's Learn About the Law page on Worker's Compensation Basics.

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