What Traveling Employees Need to Know About Workers’ Compensation in California

 

You drive to a job site across town. You fly to a conference in Sacramento. You make deliveries all day across Riverside and San Bernardino counties. You travel for your employer — and on the way, something goes wrong.

Is that injury covered by workers’ compensation? The answer, in most cases, is yes. But the rules around traveling employees are more nuanced than most people realize — and insurance companies know exactly how to exploit that nuance to deny your claim.

Here is what you need to know.

 

The General Rule: The Going-and-Coming Exclusion

California workers’ compensation law generally does not cover injuries that happen during your ordinary commute to and from work. This is called the going-and-coming rule. If you slip on a wet sidewalk on the way to your regular place of work, that is typically not a compensable injury.

But the going-and-coming rule has important exceptions — and those exceptions are where most traveling employee cases are won.

 

When Does Coverage Extend to Travel?

California has long recognized that some employees — by the very nature of their jobs — are essentially always on the clock when they travel. For these workers, the going-and-coming exclusion does not apply, or applies only in limited circumstances.

Coverage extends to travel-related injuries in the following situations:

 

Travel That Is Covered Under California Workers’ Compensation

•       Driving between job sites or customer locations during the workday

•       Running errands or performing tasks at the employer’s request while traveling

•       Traveling to a location other than your regular place of work

•       Out-of-town business trips — from the moment you leave home until you return

•       Travel in a company-owned or company-provided vehicle

•       Travel as a required part of your job duties (e.g., delivery drivers, field technicians, sales reps)

•       Injuries during a special errand or mission your employer asked you to perform

•       Travel to and from off-site training or meetings required by your employer

The Traveling Employee Doctrine

Under California law, a traveling employee is someone whose job requires them to travel away from the employer’s premises as a regular part of their duties. For these employees, the protections are significantly broader.

When a traveling employee is away from home on a business trip, they are generally considered to be in the course of employment at all times — including during meals, hotel stays, and other activities incidental to the trip. The logic is straightforward: the employer has placed you in that situation. If something happens to you there, it is a work injury.

This doctrine matters enormously for workers in the Inland Empire who regularly travel — construction workers, utility workers, healthcare workers making home visits, truckers, delivery drivers, sales representatives, and many others.

 

Real-World Scenarios: Covered or Not?

To make this concrete, consider these common situations:

 

Scenario 1: Auto accident during lunch break on a business trip You are traveling overnight for your employer. You leave your hotel for lunch at a nearby restaurant and are in an accident. ► COVERED

 

Scenario 2: Accident during normal commute to regular job site You drive the same route to the same location every day. You are injured in an accident five minutes from the office. ► GENERALLY NOT COVERED

 

Scenario 3: Injury while driving from one customer to another You are a field service technician. Between two customer visits, you are involved in a collision. ► COVERED

 

Scenario 4: Slip and fall at a hotel during a business conference You are attending a mandatory training event out of town. You slip on wet stairs in the hotel lobby. ► COVERED

 

Scenario 5: Injury during a detour for personal reasons You are driving between work sites and stop to pick up your dry cleaning — an entirely personal errand. You are injured during that detour. ► GENERALLY NOT COVERED

 

Special Situations Worth Knowing

 

Important Special Rules for Traveling Workers

•       Employer-provided vehicles: If you drive a company vehicle, you are generally covered from the moment you get behind the wheel — even for commuting, in most cases.

•       Vehicle as a condition of employment: If your employer requires you to have a car available for work (and compensates you for it), your commute may be covered.

•       Fixed place of business vs. no fixed workplace: Workers with no fixed place of business (traveling sales reps, installers) are typically covered from door to door.

•       Out-of-state injuries: California workers’ compensation can cover injuries that occur outside California if you normally work in California.

•       Combined personal and business trips: Coverage depends on whether the trip was primarily for business. Personal detours on business trips can temporarily suspend coverage.

 

Why These Claims Are Frequently Denied

Insurance carriers know that traveling employee cases involve legal complexity. They often deny claims on the basis that:

• The injury occurred during a personal detour
• The employee was on their way to or from work (asserting the going-and-coming rule)
• The employee’s travel was not required by the employer
• The employee deviated from their work duties at the time of injury

These denials are not always legitimate. The law requires a careful analysis of the specific facts — and that analysis often favors the injured worker when done properly. Do not accept a denial without consulting an attorney.

 

What to Do If You Were Injured While Traveling for Work

• Report the injury to your employer immediately. Your employer must be notified as soon as possible. For vehicle accidents, call the police and obtain a report.
• Seek medical treatment promptly. If your claim has been filed, use your employer’s MPN (Medical Provider Network). If there is any question about coverage, go to an emergency room if needed and document everything.
• Document the circumstances in detail. Write down exactly where you were, what you were doing, where you were going, and why — before your memory fades.
• Preserve evidence. Keep records of any emails, texts, or instructions from your employer regarding the trip or task. Save receipts, hotel records, and mileage logs.
• Do not give a recorded statement without legal counsel. Insurance adjusters are trained to ask questions designed to place you outside the scope of employment.
• Contact an experienced workers’ compensation attorney. Traveling employee cases require a fact-specific legal analysis. The stakes are too high to navigate alone.

 

Our Commitment to Inland Empire Workers

At the Law Offices of Dr. Peter M. Schaeffer, we represent injured workers throughout Riverside County, San Bernardino County, and the surrounding communities — workers who drive for a living, service our region’s businesses and homes, and keep Southern California running.

With over 30 years of experience, more than 3,000 cases handled, and a 99.9% success rate, we know how to build traveling employee cases that insurance companies cannot ignore. We work on a contingency basis — you owe us nothing unless we win.

If you were injured while traveling for your job, do not assume your claim will be denied. Call us today and let us evaluate your case for free.

 

Injured on the Road? You May Have a Claim. Traveling employee cases are complex. Insurance companies will look for every reason to deny your claim. The Law Offices of Dr. Peter M. Schaeffer has the experience to navigate these cases for injured workers throughout the Inland Empire. Call (951) 275-0111 | Toll-Free (888) 789-6614 | pslaw.com 6820 Indiana Ave., Suite 275, Riverside, CA 92506 “We Will Get You the Treatment You Need and the Money You Deserve”

This blog post is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please contact our office for a free consultation.