Also, workers compensation does not necessarily cover accidents that occur in your own vehicle when traveling to or from work. A recent case, “McRae v. Porta Painting” involves about a construction worker who was in an accident on his way  from his home in Twin Lakes, Wisconsin to the job site in Waukesha, Wisconsin. McRae, the construction worker, was employed by Porta Painting. He normally drove from his personal residence to a particular job location that he was assigned. Some days, he would stop in the Waukesha headquarters to get supplies.

On a winter Wisconsin morning, McRae was driving his personal vehicle from his home to a job site when he was involved in an accident with another vehicle. He sustained serious injuries including broken bones and a permanent head injury. McRae brought a claim for worker’s compensation benefits stating that he was performing services incidental to his employment.

The circuit and appellate court both rules that McRae was not preforming service incidental to his employment. Rather, his injuries occurred in the course of his normal commute to work and thus were not covered by workers compensation. They also noted that the typical employee going to and from work is not covered until he or she reaches the employer’s premises. Exceptions to this “coming and going” rule include circumstances where the employer provides the transportation as part of the employment or pays for the expenses related to the employee’s travel and that travel constitutes a substantial part of the employment.

If you have been injured on the construction job-site or when traveling for work purposes, you should contact an experienced Wisconsin Construction Site Accident Lawyer to help determine who is at fault and identify the best method for receiving compensation.