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Workers’ Compensation – Employer-Paid Transportation (2014)

Travel to and from work is generally not covered by workers’ compensation. However, when an employer provides transportation to or from work and there is a transportation injury a worker is covered. Likewise, if an employee works both from home and work, and an injury occurs while traveling between the two locations. Our client worked in a store at Kennedy Airport. When the airport closed early due to a snow storm, her employer transported her and other workers in a van without seats that was usually used for merchandise. Our client was injured when she was thrown against the van door during the trip to the employee parking lot.

A WCL Judge found against our client, but we appealed and the Workers’ Compensation Board found that she was entitled to benefits. The insurance company appealed, and the Appellate Division Third Department found in our favor. Although travel to and from work is generally not covered by workers’ compensation, in this case the employer provided and controlled the transportation, which brought the travel into the course of the employment and created workers’ compensation coverage.

Read the Noboa decision here.

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