Legal Definitions - commercial-traveler rule

The commercial-traveler rule is a specific principle within workers' compensation law. It addresses situations where an employee's job inherently requires them to travel away from a fixed workplace. Under this rule, an injury or accident sustained by such an employee will generally be considered to have occurred "in the course of employment" and thus be eligible for workers' compensation benefits.

This rule applies as long as the employee was engaged in activities reasonably related to their work duties or necessary for their travel, and not solely on a personal errand or deviation. It serves as an important exception to the general "going-and-coming rule," which typically excludes injuries sustained during an employee's regular commute to and from a fixed work location.

Here are some examples illustrating the commercial-traveler rule:

• Example 1: Regional Sales Manager
  Sarah is a regional sales manager whose territory spans three states. Her job requires her to drive extensively between client meetings and industry conferences. While driving from a client presentation in City A to another scheduled meeting in City B, she is involved in a multi-car accident on the highway, sustaining injuries.

  How it illustrates the rule: The commercial-traveler rule would likely apply here. Sarah's job explicitly requires constant travel to meet clients and conduct business. Her accident occurred while she was actively engaged in work-related travel between two business appointments, not on a personal detour. Therefore, her injuries would typically be covered by workers' compensation.

• Example 2: Traveling IT Consultant
  David is an IT consultant dispatched by his company to troubleshoot a complex network issue at a client's remote data center, which is several hours away. After completing his work for the day, he checks into a hotel arranged and paid for by his company. While walking from his hotel room to the hotel restaurant for dinner, he slips on a wet floor in the hallway and breaks his ankle.

  How it illustrates the rule: Even though David was not actively performing IT work at the exact moment of the injury, the commercial-traveler rule would likely apply. As a traveling employee, his stay at the hotel was a necessary and reasonable part of his work assignment. Activities like eating and sleeping are considered reasonable and necessary incidents of being away from home for work, and thus, injuries sustained during such activities are often covered, provided they are not purely personal deviations.

• Example 3: Field Service Technician
  Emily is a field service technician for a commercial refrigeration company. Her daily schedule involves driving her company van to multiple restaurants and grocery stores to repair their refrigeration units. While driving to her third appointment of the day, she stops at a gas station to refuel the company van, a task required by her employer. As she is getting back into the van, she trips over a curb and sprains her wrist.

  How it illustrates the rule: This situation falls squarely under the commercial-traveler rule. Emily's job inherently involves constant travel between customer locations. Refueling the company vehicle is a necessary and expected part of her work duties to enable that travel. Her injury occurred while performing a task directly related to her employment, making it eligible for workers' compensation.