A delivery driver is injured while making a scheduled stop outside their normal route. A sales representative is hurt in a hotel parking lot after a client dinner. A construction supervisor is involved in a crash while driving between job sites. These situations are unsettling not only because of the injury itself, but because workers are often left wondering whether being away from the main workplace changes their right to benefits. In Kentucky, traveling employees occupy a legally significant category, and understanding how workers’ compensation applies can make the difference between a covered claim and a denied one.
Workers’ compensation is designed to protect employees who are hurt while performing job-related duties, but travel adds complexity. When work requires movement between locations, overnight stays, or time on the road, insurers often scrutinize whether an injury truly arose out of employment. Kentucky law addresses these scenarios directly, yet many injured workers are unaware of how those rules apply until they are already facing medical bills and missed paychecks.
How Kentucky Defines a Traveling Employee Under Workers’ Compensation Law
Kentucky workers’ compensation law does not rely on job titles to determine coverage. Instead, the analysis focuses on whether travel is a regular or necessary part of the employee’s work duties. A traveling employee is generally someone whose job requires them to be away from the employer’s premises to perform assigned tasks. This can include truck drivers, home health aides, repair technicians, traveling nurses, sales professionals, and employees temporarily assigned to off-site projects.
Under Kentucky Revised Statutes Chapter 342, an injury is compensable if it arises out of and in the course of employment. For traveling employees, courts recognize that the course of employment is broader than for someone who clocks in at a single location each day. This means the employment relationship often continues throughout the work-related trip, not just during the exact moment a task is performed. Kentucky Revised Statute §342.0011 explains the foundational definition of a work-related injury and sets the framework for this expanded view.
This broader protection exists because travel itself is part of the job. When an employer benefits from an employee being on the road or away from home, the risks associated with that travel are often considered employment-related.
When Travel Is Considered Part of the Job in Kentucky
Not every trip qualifies for workers’ compensation coverage. Kentucky law distinguishes between ordinary commuting and travel that is integral to employment duties. Commuting to and from a fixed workplace is generally excluded, even if the distance is long. However, once travel becomes a required component of the job, coverage expands.
Kentucky courts often examine several factors when deciding whether an injury during travel is compensable:
- Whether the employer required or expected the travel
- Whether the travel benefited the employer’s business
- Whether the employee was paid for travel time or expenses
- Whether the employee had discretion over the travel route or schedule
These factors are not applied mechanically. Instead, they help determine whether the employee was still acting within the scope of employment at the time of injury.
Kentucky Workers’ Comp Coverage for Employees Driving Between Job Sites
Employees who regularly move between job sites are commonly covered while traveling. For instance, a utility worker driving from one service call to another or a construction foreman traveling between active projects is typically considered within the course of employment the entire time. If an accident occurs during that travel, workers’ compensation benefits often apply, even if the employee was not actively performing hands-on labor at the moment of injury.
This means coverage can extend to vehicle accidents, slip and falls at gas stations, or other injuries that occur while reasonably carrying out job-related travel.
The “Personal Deviation” Rule and Its Impact on Kentucky Claims
One of the most common reasons insurers deny claims involving traveling employees is alleged personal deviation. A deviation occurs when an employee substantially steps away from work duties for a personal reason. In Kentucky, a brief or incidental deviation does not automatically end workers’ compensation coverage, but a significant departure can.
For example, stopping briefly for meals, lodging, or restroom breaks during work travel is usually considered a normal incident of employment. These activities are often necessary for the trip itself. On the other hand, detouring far from a work route for purely personal errands may interrupt coverage until the employee returns to work-related travel.
Kentucky courts look closely at whether the deviation was reasonable and whether the employee had resumed their work duties at the time of injury. This analysis is highly fact-specific, which is why documentation and timing matter so much in traveling employee claims.
Remote Work and Travel Under Kentucky Workers’ Compensation
As remote and hybrid work arrangements have expanded, so has confusion about coverage. A remote employee injured while traveling for a required meeting, training, or client visit may still qualify for benefits under Kentucky workers’ compensation law. The key question remains whether the travel was required by the employer and connected to job duties.
If a remote employee is injured while traveling to a mandatory off-site event, that travel often falls within the scope of employment. Kentucky workers’ compensation law focuses less on where an employee is based and more on why the travel occurred.
Benefits Available to Injured Traveling Employees in Kentucky
When a traveling employee’s injury is deemed compensable, they are entitled to the same categories of benefits as other injured workers. These benefits are governed by Kentucky Revised Statute §342.730, which outlines income benefits and compensation rates.
Available benefits may include:
- Medical treatment related to the work injury
- Temporary total disability benefits if the worker cannot return to work
- Temporary partial disability benefits if work restrictions apply
- Permanent partial or permanent total disability benefits when applicable
This means a traveling employee injured in a car accident, fall, or other incident may receive wage replacement and medical coverage even though the injury occurred away from a traditional workplace.
Examples That Commonly Raise Coverage Disputes
Consider a sales representative required to attend an out-of-town conference. After a full day of meetings, the representative slips in the hotel hallway while returning to their room. Because lodging was necessary for the work trip, Kentucky workers’ compensation law often treats this injury as work-related.
In another scenario, a repair technician traveling between customer locations stops briefly for lunch and is injured in a restaurant parking lot. Because meal breaks are a foreseeable part of required travel, coverage may still apply.
Contrast that with a situation where an employee detours hours away from an assigned route to visit friends, then suffers an injury. In that case, an insurer may argue that the employee stepped outside the course of employment, at least temporarily. Whether coverage resumes depends on when the employee reengaged in work-related travel.
These examples illustrate why insurers frequently challenge traveling employee claims and why careful legal analysis is often required.
Common Mistakes Traveling Employees Make After an Injury
Travel-related claims can fail not because the law is unfavorable, but because critical steps are missed early on. Many injured workers assume coverage is automatic and delay reporting or documentation. Others give recorded statements without understanding how insurers interpret travel and deviation.
To protect a Kentucky workers’ compensation claim, injured traveling employees should take the following steps promptly:
- Report the injury to the employer as soon as possible, explaining why the travel was work-related
- Seek medical treatment and clearly describe how and where the injury occurred
- Preserve receipts, itineraries, work assignments, and travel instructions
- Avoid informal statements that minimize the work connection
- Consult a workers’ compensation attorney if the claim is questioned or denied
Kentucky law imposes strict notice and filing requirements, and delays can jeopardize benefits even in otherwise valid claims.
Why Legal Guidance Matters for Kentucky Traveling Employee Claims
Traveling employee cases often involve gray areas where insurers attempt to narrow the definition of work-related activity. Kentucky workers’ compensation law recognizes the realities of modern employment, but applying those principles requires careful analysis of facts, timing, and statutory standards.
An experienced Kentucky workers’ compensation attorney can help establish the work connection, counter deviation arguments, and ensure that medical and wage benefits are properly calculated. This is particularly important when injuries occur in vehicle accidents, out-of-state locations, or during overnight travel, all of which tend to draw heightened scrutiny from insurers.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If you were injured while traveling for work in Kentucky and are unsure whether workers’ compensation applies, you are not alone. Traveling employee claims are among the most frequently disputed, even though the law often supports coverage when travel benefits the employer. Brandon J. Broderick, Attorney at Law helps injured Kentucky workers understand their rights, challenge improper denials, and pursue the full workers’ compensation benefits they deserve. Whether your injury occurred on the road, between job sites, or during required overnight travel, experienced legal guidance can make a meaningful difference in the outcome of your claim. Contact us today!