Vermont Workers’ Comp for Traveling Employees: How It Works

Modern business often requires employees to step outside the traditional office. Whether you are a sales representative driving across the state to meet clients, a consultant flying to a national conference, or a technician sent to an out-of-town job site, work travel is a fundamental part of many professions in Vermont. But what happens when you sustain an injury far from your usual workplace? The lines between personal time and work obligations can seem indistinct, leading to a common and pressing question: Are you covered by workers’ compensation?

For many employees, the answer is yes. Vermont’s workers’ compensation system has specific considerations for individuals who travel as part of their job. The protections that apply to you at your home office or primary work location often extend to cover you while you are on the road. However, these cases are rarely straightforward. Insurance companies may look for reasons to dispute claims, arguing that the injury occurred during a personal activity unrelated to your job. Understanding your rights and the rules that govern work travel is the first step toward securing the benefits you deserve after an injury. This guide explains how workers’ comp for traveling employees functions in Vermont and what you need to know to protect yourself.

Breaking Down the Basics of a Vermont Workers' Comp Claim

Before examining travel-specific situations, it is helpful to review the core principle of workers’ compensation in Vermont. The system is designed as a no-fault insurance program. This means that an injured employee generally does not have to prove that their employer was negligent or at fault to receive benefits. In exchange, the employee typically cannot sue their employer for the work-related injury.

The central requirement for any claim is that the injury must arise out of and in the course of employment.

Arising out of employment refers to the origin of the injury—it must be caused by a risk associated with your job duties.
"In the course of employment" refers to the time, place, and circumstances of the injury—it must happen while you are performing your work.

For a standard, stationary employee, this is often simple. A warehouse worker injured by a forklift is clearly hurt "in the course of employment." But for a traveling employee, the "workplace" is not a single building. It can be a car, an airport, a hotel room, or a client’s office. This is where the rules expand.

The “Course and Scope” Rule for Work Travel

When an employee is required to travel for their job, Vermont law often applies what is known as the “portal-to-portal” rule. This legal doctrine recognizes that a traveling employee is in a unique position. Unlike an employee who goes home at 5 p.m., a traveling employee is often considered to be within the course of their employment for the entire duration of the trip.

Their work obligations do not end when they leave the client’s office. They are away from home only because their job requires it. Therefore, many activities that would be considered personal for a stationary employee—such as eating a meal, sleeping in a hotel, or traveling between a hotel and a restaurant—are viewed as necessary parts of the work trip. An injury sustained during these activities may be compensable because the employee would not have been exposed to those risks if not for the work travel.

Think of it this way: your employer has placed you in a different environment, and you are subject to the risks of that environment for the benefit of your employer’s business. This broadens the definition of what constitutes a work-related activity.

What Constitutes a Covered Work Injury for Traveling Employees?

Because the "workplace" is mobile, the types of covered injuries are diverse. Insurers may scrutinize the specific circumstances of your accident, so understanding the common scenarios where coverage applies is a major advantage. A Vermont workers’ comp lawyer can be instrumental in demonstrating how your specific situation fits within these established principles.

Injuries During Transit and Transportation

Coverage typically begins the moment you leave your home or office to embark on the work trip and ends when you return. This includes the entire journey.

Driving: Car accidents are a common source of work travel injuries. Whether you are in a company vehicle, a rental car, or your own car for which you are being reimbursed, an accident that occurs while driving to a work destination, a client meeting, or your hotel is almost always covered.
Air and Rail Travel: Injuries can also happen in airports, on airplanes, or at train stations. A slip and fall in the terminal while waiting for a connecting flight or an injury from falling luggage on a train could be grounds for a valid workers’ compensation claim.

The key is that the travel itself is a required part of your job. You are being paid to get from Point A to Point B, and the risks associated with that journey are considered work-related.

Accidents at Temporary Accommodations

Your hotel or other temporary lodging effectively becomes your home away from home during a work trip. Because your presence there is a requirement of your job, injuries that happen at your accommodation are often covered under Vermont workers’ compensation law.

For example, if you slip and fall in a poorly lit hotel parking lot while walking to your car for a business dinner, that injury would likely be compensable. Even an accident inside your hotel room, such as a fall in the shower, may be covered. The reasoning is that you would not be using that specific shower in that hotel if not for your employer’s business needs. These situations are highly fact-specific, and insurers frequently challenge them. A workers’ compensation attorney can help build the case that your presence at the location was a direct result of your employment.

Injuries During Meals or Breaks

While a stationary employee injured during their unpaid lunch break away from the office typically cannot claim workers’ comp, the rule is different for traveling employees. Eating is a necessary personal comfort, and when you are on the road for work, the act of getting a meal is considered an activity within the course of employment.

If you are injured in a car accident while driving from your hotel to a nearby restaurant for dinner, or if you slip on a wet floor inside that restaurant, your injury should be covered. You are only at that location because your job sent you there, and sustaining yourself with food is a foreseeable and necessary part of the trip.

Recreational Activities and Personal Errands

This is the most contested area of workers’ comp for traveling employees. While coverage is broad, it is not unlimited. The law allows for minor deviations from your work schedule for personal comfort or convenience. For instance, stopping at a pharmacy to pick up a prescription or heading to a nearby gym in your hotel for a brief workout might still be considered within the course of employment.

However, if an employee makes a significant departure from the business-related aspects of the trip for a purely personal reason, they may no longer be covered. This is often called a “personal frolic.” The determination depends entirely on the specific facts of the case.

Common Exceptions: When Workers’ Comp May Not Apply During Work Travel

While the portal-to-portal rule provides extensive protection, it is not a blank check. Insurance companies will deny a claim if they can successfully argue that the employee’s actions took them outside the scope of their employment. An experienced workers’ compensation lawyer in Vermont can help you fight back against an unfair denial.

Significant Personal Deviations

The line between a minor personal errand and a major deviation is where most disputes arise.

Minor Deviation (Likely Covered): Driving a few extra blocks to find a specific type of restaurant for dinner.
Major Deviation (Likely Not Covered): After a conference ends on a Friday afternoon, deciding to drive three hours in the opposite direction to visit a friend for the weekend before flying home on Sunday.

If you were injured during that weekend visit, the insurer would argue you were on a personal frolic that was completely unrelated to the purpose of the work trip. They would claim that the risk you were exposed to was not one your employer sent you to encounter.

Intoxication or Misconduct

As with any workers’ comp claim, if your injury was caused primarily by your own intoxication from alcohol or illegal drugs, your claim will almost certainly be denied. Similarly, if you are injured while committing a crime or engaging in serious misconduct that violates company policy, you will not be eligible for benefits. For example, if you are injured in a car accident while driving far over the speed limit for recreational purposes, your claim could be challenged.

The “Coming and Going” Rule

The standard coming and going rule states that an employee’s daily commute to and from their regular workplace is not covered by workers’ comp. While this rule is largely set aside for traveling employees, its principles can sometimes apply. For example, if your employer is in Burlington and sends you on a week-long project in Brattleboro, your coverage starts when you begin your journey to Brattleboro. It does not cover you if you get into an accident while running a personal errand at home the night before you leave.

Why You Need a Vermont Workers’ Comp Lawyer for a Travel Injury Claim

Claims involving injuries during work travel are inherently more complex than those involving accidents at a fixed worksite. Insurance companies understand this and often use the ambiguity to their advantage. They may try to classify a reasonable activity as a personal deviation or argue that your injury had nothing to do with your work.

Proving Your Injury Was Work-Related

A skilled workers’ comp attorney knows how to gather the evidence needed to build a strong case. This can include your travel itinerary, expense reports showing meal and lodging costs, communications with your employer, and witness statements. Your attorney will assemble these facts to create a clear narrative showing that you were acting within the course and scope of your employment when the injury occurred.

Navigating Disputes With Insurers

When an insurer denies your claim, it is not the end of the road. A workers’ compensation lawyer in Vermont can handle the appeals process for you. They understand the legal precedents that support claims for traveling employees and can effectively counter the arguments made by the insurance company’s legal team. They will fight to ensure the law is applied fairly to your situation.

Maximizing Your Benefits

A successful workers’ comp claim can provide several types of benefits, including:

Full coverage of all reasonable and necessary medical treatment.
Wage replacement benefits for the time you are unable to work.
Vocational rehabilitation if you cannot return to your previous job.
Permanent disability benefits if you are left with a lasting impairment.

A lawyer ensures your claim is filed correctly and that you are pursuing all the benefits you are legally entitled to receive.

Steps to Take After Suffering a Work Injury While Traveling

If you are injured while on a work trip, taking the right steps immediately can protect both your health and your legal rights.

Seek Immediate Medical Attention. Your health is the top priority. Go to the nearest emergency room or urgent care clinic. Be sure to tell the medical provider that you were injured while traveling for work.
Report the Injury to Your Employer. As soon as you are able, notify your supervisor or human resources department about the injury. Do this in writing, such as via email, to create a record. Vermont law requires you to report your injury promptly.
Document Everything. Keep copies of all medical records, bills, and receipts for any out-of-pocket expenses. If there were any witnesses to your accident, get their names and contact information.
Consult With a Workers’ Comp Attorney in Vermont. Do not wait for the insurance company to deny your claim. Speaking with a lawyer early in the process can help you avoid common mistakes and ensure your claim is positioned for success from the very beginning.

While these actions might seem like a lot to manage when you are injured and far from home, they are the most vital steps for protecting both your health and your right to benefits. Diligent documentation, timely reporting, and seeking immediate medical care establish the foundation for your claim. By taking these proactive measures, you place yourself in the strongest possible position to navigate the complexities of the workers' compensation system and focus on your recovery.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

Injuries sustained during work travel present unique challenges. You need a legal advocate who understands the nuances of Vermont’s workers’ compensation laws and has experience handling these complex cases. At Brandon J. Broderick, Attorney at Law, our team is dedicated to fighting for the rights of injured workers. We can help you navigate the claims process, stand up to the insurance companies, and work to secure the full benefits you deserve.

Consultation