Injured While Traveling For Work? What Counts As A Work-Related Injury In Wisconsin
When we represent injured workers across Wisconsin, one question comes up often: what happens if you’re injured while traveling for your job? Whether you’re driving between job sites, flying out for a conference, or delivering materials for your employer, you may still be covered under Wisconsin Worker’s Compensation law. The key is understanding when your injury qualifies as “work-related” under state statutes. If your employer or their insurance company is trying to deny your claim on the basis that the injury happened outside your normal workplace, it is critical that you understand your legal rights.
Under Wisconsin law, employees injured in the “course of employment” are eligible for worker’s compensation benefits. This includes injuries that occur during work-related travel. But disputes often arise over what counts as work travel and what falls outside of the scope of employment. That’s where our law firm comes in. We help injured workers prove that their injury is work-related, even when employers argue otherwise. We work to ensure our clients receive the full compensation they are entitled to under Wisconsin law.
Understanding The Wisconsin Definition Of Work-Related Travel Injuries
Wisconsin Statutes Section 102.03(1)(c)(1) provides that an injury is compensable if it occurs while the employee is performing services growing out of and incidental to their employment. The statute also notes that travel required by the employer can qualify as a compensable work activity. If your job involves travel or if your employer sends you somewhere for business purposes, injuries suffered during that time may be covered.
However, personal detours or purely personal errands during business travel could disqualify the injury from being considered work-related. This is known as the “personal deviation” rule. If you were injured during a meal break, hotel stay, or quick stop unrelated to your work duties, coverage may be denied unless the activity was considered reasonably necessary and incidental to the work travel.
When Injuries During Travel Are Compensable
There are many scenarios where injuries sustained while traveling for work are compensable under Wisconsin Worker’s Compensation law. Some common examples include:
- Driving between job sites
- Traveling to and from off-site meetings
- Delivering goods or products
- Attending employer-sponsored events or conferences
- Being required to stay overnight for work purposes
Even injuries occurring in a hotel room while on a business trip may be compensable if the stay was a necessary part of fulfilling your job responsibilities. The key legal test is whether the injury arose out of and in the course of your employment, per Wis. Stat. §102.03.
Common Employer Arguments And How We Fight Them
Employers or their insurers may argue that you were “off the clock” or that your activity was unrelated to your job. They may claim you were engaged in a personal errand or using your own vehicle without authorization. These arguments are common, but they are not always accurate. We work with clients to gather strong evidence, including work schedules, communication records, and witness statements, to prove that the travel was part of your job responsibilities.
If your claim is denied, we can represent you at hearings before the Wisconsin Department of Workforce Development and argue that your injury meets the legal definition of a work-related injury. We are committed to making sure our clients are not wrongfully denied the benefits they need to recover.
Why Legal Help Matters In Travel-Related Injury Claims
Work injury claims involving travel are more complex than other types of worker’s compensation cases. Insurance companies often look for reasons to deny coverage, and proving that your injury occurred in the course of employment can be challenging without proper legal representation. Our attorneys understand how to present a compelling case and apply the right legal standards to support your claim.
We also help you pursue all available benefits, including medical expenses, lost wages, vocational retraining, and permanent disability if applicable. We don’t let our clients fight these legal battles alone.
FAQs About Work-Related Travel Injuries In Wisconsin
What If I Was Injured While Driving My Own Car For A Work-Related Errand?
If you were using your personal vehicle to perform a task that benefits your employer, your injury may still be covered under Wisconsin Worker’s Compensation. You do not need to be in a company vehicle to qualify. The important factor is whether the activity was work-related.
Can I Receive Benefits If I Was Hurt During A Work Trip After Hours?
Yes, if the activity was reasonably necessary to the trip—such as staying in a hotel or getting food—your injury could still be compensable. However, if you were doing something entirely personal or recreational, that may fall outside the scope of employment.
What If My Employer Says I Was Off-Duty When I Got Hurt?
Employers and their insurers often try to claim that employees were not working at the time of injury. We look at all the facts—your work schedule, communications, and purpose of the trip—to show that your injury occurred in the course of employment.
Do I Need A Lawyer If My Claim Is Denied?
Yes. Travel-related injury claims can be hard to prove, especially when the insurer disputes the facts. Having a lawyer can significantly improve your chances of success in getting your benefits approved.
Is There A Deadline To File A Travel-Related Injury Claim In Wisconsin?
Yes. Under Wis. Stat. §102.12, you generally must report your injury within 30 days and file a claim within 2 years. Failing to do so could result in the denial of benefits, so it’s important to act quickly.
Call Gillick, Wicht, Gillick & Graf For Help With Your Work Injury Claim
If you were hurt while traveling for work, don’t assume your injury isn’t covered. These claims can be complicated, and employers don’t always give you the full truth. At Gillick, Wicht, Gillick & Graf, we fight for injured workers across Wisconsin—and we know how to make the law work for you. Contact our Milwaukee worker’s compensation lawyers at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive a free consultation. Our office is in Milwaukee, and we proudly represent clients throughout the entire state of Wisconsin.
