Are Commuting or Traveling Injuries Covered By Workers’ Compensation in Wisconsin?
An accident can happen at any time or anywhere. If you travel as part of your job, there is always a risk that you could be injured. This raises an important question: Are travel-related accidents covered by worker’s compensation in Wisconsin? The short answer is it depends. Generally, daily commutes are not covered, but required work-related travel is covered. Below, our Milwaukee worker’s comp lawyers provide a more comprehensive explanation of how Wisconsin treats commuting accidents and workplace travel accidents.
Traveling and Worker’s Comp Claims in Wisconsin: What You Need to Know
Not Covered: A Daily Commute
The average American employee spends around 50 minutes a day commuting to and from work. Unfortunately, accidents can happen during this time — especially if, you drive to work. As a general matter, your daily commute is not covered by worker’s compensation insurance in Wisconsin. A daily commute is considered outside of the purview of the employer-employee relationship.
Covered: Off-Site Trips at Employer’s Direction
Some employees may be asked to do off-site work for their company or organization. In Wisconsin, off-site trips are generally covered by worker’s compensation insurance — at least assuming the employee is acting at the discretion of their employer.
As an example, imagine you work for a small construction company. During a project, a supervisor notices key materials are missing and asks you to make a quick run to a hardware store to purchase new materials. If you are involved in a car accident during that trip, your injuries would likely be covered by worker’s comp because your trip was performed at your employer’s orders and discretion —you were still “working” as you were driving to the store.
Covered: Required Employment-Related Travel
State law is clear that traveling employees are covered by worker’s comp while on company-sponsored trips. As described by the Wisconsin Department of Workforce Development, an employee who is required to travel for work is covered at all times, including while they are eating or sleeping. The only exception is if the employee deviates from accepted work duties for personal reasons during the trip.
Workplace Commuting Statistics
Commuting to and from work may seem routine, but for thousands of workers each year, it can lead to serious injuries and, in some cases, even death. According to the U.S. Bureau of Labor Statistics (BLS), roadway incidents involving motorized land vehicles were the leading cause of work-related fatalities in 2023, accounting for 1,252 deaths across all sectors.
Fatalities and Injury Rates
In 2023, the total number of fatal work injuries in the U.S. reached 5,283, with roadway incidents comprising nearly 24% of that total. The fatal injury rate stood at 3.5 deaths per 100,000 full-time equivalent workers, showing a slight decrease from the previous year.
Nonfatal Commuting-Related Injuries
While data on fatalities is more readily available, tracking nonfatal injuries during commutes is more challenging, as commuting is often not classified as “on-the-job” unless the travel is work-related (for example, driving between job sites). However, the National Safety Council reports that from 2021 to 2022, there were 68,560 nonfatal injuries related to roadway incidents that resulted in days away from work, job transfers, or restrictions (DART cases).
Common Injury Types Among Nonfatal Roadway Incidents:
Sprains, strains, and tears were the most common injuries (31%).
Bruises and contusions followed at 12%.
Fractures accounted for 8%.
Industries Most Affected
The transportation and warehousing industry reported the highest share of commuting-related injuries. Healthcare and social assistance, construction, and retail trade also experienced significant numbers of these incidents.
Complicated Cases: A Worker’s Comp Lawyer Will Get You Answers
The basic rule in Wisconsin is daily commutes are not covered by worker’s compensation, but employer-directed travel is covered. Of course, every case carries its own unique set of facts. During a free, confidential consultation, our Milwaukee worker’s comp attorneys will review your claim and explain your options for compensation under state law.
Schedule a Free, Confidential Worker’s Comp Consultation
At Gillick, Wicht, Gillick & Graf, our Wisconsin work injury attorneys are aggressive, results-focused advocates for clients. If you have any questions about travel-related workplace accidents, we can help. To schedule a no-cost, no-obligation review of your case, please contact us at (415) 257-2667. We represent injured workers throughout Wisconsin, including Milwaukee, Janesville, Kenosha, Waukesha, Menomonee Falls, Port Washington, and Racine.
