Can You Get Workers’ Comp If You’re Hit by a Car on the Way Into Work?
At Washington Dulles International Airport, a uniformed security guard on his way into work was struck by a vehicle while walking through a crosswalk in front of the terminal. He hadn’t clocked in yet. He was in uniform, carrying his lunch pail, and wearing his Dulles Airport & FAA issued name tags and ID cards. This elderly security employee did not work for TSA, but for another contractor at the International Airport. He was just walking into his place of employment, wearing the required uniform, and preparing to start his shift.
The injuries from this accident were serious. He suffered trauma to both legs, his right arm, fractured ribs, spinal injuries, and significant knee damage that eventually required a total knee replacement. As he faced a long road to recovery, the question arose- would he be eligible for workers’ compensation benefits even though he technically wasn’t “on the clock”?
The answer, in this case, was yes.
The Virginia Workers’ Compensation Commission ruled that the accident was compensable. Even though he hadn’t yet clocked in, the employee was on the employer’s premises, wearing his uniform, and within a controlled area directly related to his job responsibilities. With the help of the team at ABRAMS LANDAU, the injured worker received a formal Award Order granting him workers’ compensation benefits, including wage loss payments and coverage for his extensive medical treatment and ongoing rehabilitation.
Workers’ comp claims involving accidents before or after work hours are often legally complex. Many people assume that if they’re not physically “working” at the moment of injury, they won’t qualify for benefits. However, as this case shows, context matters. The location of the injury, the control the employer has over the space, the worker’s responsibilities, and even what they’re wearing can all influence whether a claim is compensable.
However, Lawyer Landau warns workers not to make assumptions.
“Not every airport worker injured on the way into work is eligible for workers’ comp, each case is unique. Where you were hurt, whether you were on employer-controlled property, if you were required to wear your uniform, and other factors matter. Don’t assume, and instead get legal advice from an experienced workers compensation attorney who actually tries these cases.”
As of now, the injured worker continues to receive medical care, including physical therapy, orthopedic consultations, and hydrotherapy.
If you’ve been injured at or near your workplace, even before clocking in, it’s worth asking the question- could this be covered by workers’ comp? For those working in large, complex environments like airports, it’s especially important to get legal advice from someone who understands how these systems work. At ABRAMS LANDAU, we’ve helped airport workers, TSA agents, airline crew, and ground staff get the benefits they need after accidents on the job. Don’t wait- contact us today to get experienced legal help tailored to aviation-related injuries at frontdesk@landaulawshop.com or call/text us at (703) 796-9555.