What Rules Govern Workers' Comp in California if I Travel for Work?

 Posted on March 03, 2026 in Workers' Compensation

Many jobs require travel, such as sales representatives, consultants, construction workers, and healthcare professionals, among others. If you get hurt while traveling for your job — especially if you have to travel out of state — you may wonder if California workers' compensation will cover you. A Gilroy workers' compensation attorney can answer these and other workers' comp questions.

Does California Workers' Comp Cover Me When I Travel for Work?

In most cases, workers' comp will cover you when you travel if it’s for work. California's workers' compensation system under the California Labor Code covers injuries that happen "in the course of employment." When your employer sends you somewhere or asks you to travel as part of your job, you are still covered.

If you’re injured while traveling for your work, the main thing determining if you'll be covered by workers' comp is whether it happened while you were doing something work-related. General guidelines for these situations are as follows:

• If your employer pays for your travel, you are likely covered for all parts of the trip related to your work.
• If you are driving between job sites or client meetings, you are likely covered.
• If you’re injured doing things or going places completely unrelated to your job while traveling, you are likely not covered.

The "Going and Coming Rule" Versus the Commercial Traveler Rule

California, like many states, follows what is called the "going and coming rule." This says that injuries during a normal commute to and from work are not covered by workers' comp. But if your job involves employer-mandated travel, California follows the "commercial traveler rule," or "traveling employee" exception.

Under this rule, you are considered to be acting within the scope of your employment during the trip. This includes driving to meetings, staying at hotels, and other travel-related activities. You may qualify as a traveling employee if:

• The nature of your work requires you to travel (i.e., a traveling nurse).
• Your employer pays your travel expenses, like gas, hotels, or flights.
• You are required to be away from home overnight on work business.
• Your work involves different locations (i.e., construction work).

Remember that there are ways that employees classified as "traveling" can lose coverage. If you’re injured while doing something like sightseeing, you likely won’t be covered. The same is true if you disobey direct instructions from your employer about how or where to travel.

What If I Am Injured in Another State While Working for a California Employer?

This is a common question for workers who travel across state lines. California Labor Code Section 3600.5 allows California workers' comp to cover employees who are injured in another state, as long as the employment is mainly located in California or the contract for employment was made in California.

California's workers' comp benefits tend to be broader than those in many other states. If you live and work in California and your employer sends you to Nevada or Arizona for a project, you may still be able to file a claim under California law. If you live outside the state but spend significant time working in California, you may also be able to file a claim in California.

If you are hurt out of state, you should:

• Report the injury to your employer right away.
• Get medical attention and keep records of the injury, the injury site, medical expenses, and other documents related to your injury.
• Contact a workers' compensation attorney before deciding where to file.

Call a Santa Clara County Workers' Compensation Attorney Today

Workers' comp cases involving travel can be complicated. Insurance companies sometimes deny claims by arguing that an injury happened outside the scope of employment. Having a lawyer to walk you through filing can make sure you get the full benefits you’re entitled to.

Raul Martinez Injury Law Firm has over 15 years of legal experience. If you were hurt while traveling for work in 2026, call a Gilroy workers' compensation lawyer today at 408-848-1113 for a free consultation. 

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