While most work injuries occur at the office or job site, sometimes workers suffer injuries while travelling outside Minnesota for work. For instance, a worker could be on an out-of-state business trip or be making a delivery across the state line. Because the injury did not happen in Minnesota, you may wonder whether the worker can receive workers’ compensation benefits in Minnesota.
In most cases, an employee who works in Minnesota for a Minnesota employer but who takes a brief trip out of state can receive workers’ compensation benefits for an injury arising out of and in the course of employment. The court will look at whether the employee falls under the “extraterritorial application” requirements or the temporary out-of-state employment requirements under the law, which are similar. Generally courts look to the following:
- Was the employee hired in Minnesota by a Minnesota employer?
- Does the employee usually work in Minnesota?
- Are the duties performed in Minnesota a regular part of the job or the line of business?
- Are the duties performed in Minnesota fundamental to the job?
- Is the employee temporarily employed out-of-state?
In addition, the injury must arise out of and in the course of employment. The employee must get injured during his employment – meaning not on his day off, or after he clocks out for the day and leaves the office. The injury must occur somewhere that the employee might reasonably be located for his job, and he must be carrying out his job duties or doing something “incidental” to the duties.
For employees on business trips, the line between “in the course of” employment and on their own time can be difficult to determine. An employee injured at a business dinner with an out-of-state colleague would be covered, while an employee injured while visiting a friend after a long day of work at the out-of-state job site would not. Employees injured while travelling to and from the out-of-state assignment may receive benefits as well depending on the situation.
Employees injured while making out-of-state trips or deliveries likely can receive workers’ compensation benefits, provided that the injury does not happen while the worker is running a personal errand. When a worker is only travelling to the other state because his employer required him to make a delivery as part of his job, benefits are available.
If you were injured while travelling out of the state for your Minnesota job, you may need the help of a workers’ compensation lawyer. The insurance company may challenge your eligibility for benefits and try to show that you were injured on personal time. Do not take no for an answer – seek out an experienced attorney today.
Workers travelling out of state who get injured need someone on their side when seeking benefits. Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.
