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If an injury doesn’t happen on the employer’s property, is it still considered a work injury?

Question: About three times a week, my boss asks me to leave work early to drop off packages for shipping at the Post Office. I leave about 1/2 hour before my ususal quit time and I still get paid for my 8 hours of work. I also get my mileage reimbursed as I use my own car to do this. Last week, while lifting a heavy package out of my car and carrying it to the post office, I hurt my back. I called my boss right away and left him a message telling him that I hurt myself. He’s been acting funny and avoiding me ever since this happened. I came to work yesterday and told him that I wanted to submit a workers comp claim so that I can go see a doctor. My boss said that since the injury didn’t happen when I was “at work”, then workers comp won’t cover it. Is that true? Anonymous, Northeast Pa.

Answer: It’s clear that you were acting in the furtherance of  your employer’s business of affairs when the injury occurred. You were performing activities (delivering packages from work for shipment) that would place you in the course and scope of employment. Tell your boss that if he won’t contact the workers compensation insurance carrier, then you will. You appear to have a valid claim for benefits.

If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com or call (570) 347-1011 for a free consultation.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

INJURY? (570) C-A-L-L-D-L-P

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