Depending on the line of work you’re in, it’s certainly possible that you have some on-call shifts each month. When you’re on call, you need to be ready to come into work at a moment’s notice if more hands are required, but you may not need to come in if things stay under control. Some people like the flexibility of on-call shifts, while others feel like they are a bit hamstrung by the on-call rules. For example, you can’t travel too far from work, because if you’re called in, you need to show up in a timely manner. You also likely can’t consume alcohol or partake in recreational marijuana on the off chance you’re needed at work. These rules can make it feel like you’re not truly off the clock.
But how are on-call employees viewed in the eyes of the law when it comes to workers’ compensation benefits? In today’s blog, we explore whether or not on-call employees are eligible for workers’ compensation benefits in Minnesota.
On-Call Employees And Work Injuries
While fault may not matter for a workers’ compensation case, Minnesota law still has some pretty strict rules for who is eligible for workers’ compensation benefits. At the core level, an individual needs to be on the clock and performing work duties at the time of their injury in order to be eligible for compensation benefits.
Being on-call may feel like you’re performing work duties by staying close to work and abstaining from other activities that are not allowed in the event you were called in, but you’re not actually on the clock when you’re on call, nor are you performing work related tasks. Because of this, it’s highly unlikely that you would be eligible for workers’ compensation in the event that you were injured while you were subject to your company’s on-call regulations.
But what if you are called into work and injured during your commute? As we’ve talked about in a previous blog, your commute to and from the office isn’t protected by workers’ compensation law. If you drive for your job or you are commuting between job sites, these actions would likely leave you eligible for workers’ compensation benefits, but traveling to work from your home and vice versa doesn’t cut it.
Now, if you are called into work and suffer an injury during your shift, you’ll obviously be eligible for standard workers’ compensation benefits. Whether you work the same shifts every week or your schedule fluctuates with on-call shifts, if you’re injured during the course of your shift, you’ll be eligible for injury compensation (so long as you didn’t intentionally cause your own work injuries).
You might not feel like you’re truly punched out of work if you’re on call for the weekend, but know that this doesn’t mean you’re eligible for workers’ compensation in the event you are injured prior to arriving for an on-call shift. You’re not actually performing tasks for your company while you’re on-call, so you’re ineligible for injury compensation in Minnesota.
If you’re considering moving forward with a more standard workers’ compensation claim, or you want to talk to a professional to see if you’re eligible for work comp benefits, connect with Dean and the team at Margolis Law Firm today at (952) 230-2700.
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