New Haven Workers' Compensation Attorney · September 17, 2026
Public Works Employees: When A Connecticut Commute May Count As Work
A Connecticut law taking effect October 1 addresses certain public-works commutes. Employment terms, orders to report, overtime records and the route can matter to an injury claim.
If you work for a public-works department and are hurt driving home after mandatory overtime, the trip may count as work under a Connecticut law taking effect October 1, 2026. The rule is narrow. It does not cover every commute.
For public-works employees in New Haven and surrounding towns, work can involve an order to report while other employees are excused or an obligation to respond to emergencies outside ordinary hours. Public Act 26-12, § 7 may treat the direct trip between home and duty as part of the job in three specific situations, including after certain mandatory-overtime shifts. If an injury happens during that travel, the records explaining why you were making the trip may matter as much as the crash report.
Start With The Department That Employs You
The new provision applies to an employee of a public-works department. The act defines that department by its responsibilities: a state or municipal department responsible for the construction, regulation or maintenance of public works and improvements.
Maintenance work alone does not make someone an employee of the public-works department described in the statute. A private contractor may perform work for a town without falling within this provision. Start by identifying who employed you, what the department was responsible for, and your relationship to that department.
Three Circumstances The New Provision Addresses
Starting October 1, the act adds § 31-275(1)(A)(iv). It describes three separate situations in which the new travel provision may apply to an employee of a qualifying public-works department:
- The terms of the employee's employment subject them to emergency calls while off duty.
- The employee is responding to a direct order to report to a work assignment while nonessential employees are excused from working.
- The travel follows two or more mandatory overtime work shifts on consecutive days.
An employee must fit at least one of these three situations. When one applies, the law treats the direct trip from home to duty, the duty itself, and the direct trip home as part of the employment. Each situation has its own requirements. Being required by your employment terms to take off-duty emergency calls is different from receiving a particular order to report. Likewise, working late voluntarily is not the same as the mandatory overtime specified in the act.
Keep the actual schedule and instructions. A timesheet may show hours worked, while a message from a supervisor may help establish whether the additional shift was required.
The Route And The Cause Of The Injury Still Matter
The act describes travel directly between home and duty. If you stopped, changed destinations or made a personal trip along the way, tell your attorney where you went and why. Do not decide on your own that a brief stop is harmless or that any departure from the route necessarily ends the claim.
The statute also requires the injury to “arise out of” the employment, meaning there must be a connection between the work and the injury. A trip can count as part of the employment without automatically satisfying that separate requirement. See § 31-275(1).
If you were injured before October 1, ask an attorney which law applies. Existing law may still support an earlier commute claim, but this new provision may not apply to an earlier injury.
Preserve The Work Records Along With The Injury Records
After getting appropriate medical care, save the documents you lawfully have that explain the trip: your callout terms, the order to report, any notice excusing nonessential employees, and the schedule for the days surrounding the injury. Preserve messages in their original form where possible. Make a short note of your departure time, destination and any stops while the details are still clear.
Report the injury promptly and ask about the formal claim requirements. Telling a supervisor and filing a claim are separate steps; our Form 30C guide explains why that distinction matters. Even if the employer disputes whether the drive counts as work, do not delay the claim paperwork.
If another driver caused the crash, you may also have a claim against that driver. That claim must be coordinated with the workers' compensation case because the employer or insurer may have reimbursement rights.
If you were injured traveling to or from a public-works assignment in Greater New Haven, contact our office. Bring the work schedule, instructions and injury records. We can help review how the trip fits the law and which claims may be available.
This article provides general information, not legal advice for a particular case. Reading it does not create an attorney-client relationship.
Frequently Asked Questions
- What changes for Connecticut public-works employees on October 1, 2026?
- Public Act 26-12, § 7 adds a provision addressing direct travel between home and duty for employees of qualifying state or municipal public-works departments in three specified circumstances. It changes what falls within the course of employment. The injury must still satisfy the separate work-causation requirement and other applicable workers' compensation rules.
- Does the new law cover every public-works employee's commute?
No. The provision concerns specified off-duty emergency-call employment terms, a direct order to report while nonessential employees are excused, or travel following two or more mandatory overtime shifts on consecutive days. Direct travel and the employing department's role also matter. A public-works job title alone does not establish that a particular injury is covered.
- Why should I keep my callout and mandatory-overtime records?
The conditions in the new provision depend on employment terms and work circumstances. Written callout requirements, an order to report, notices excusing nonessential staff and shift records may help show which condition applies. Save the records you lawfully have and tell your attorney about relevant records held by the employer.
- What if I stopped somewhere on the way home?
Have an attorney review the purpose, location and timing of the stop. The statute describes direct travel between home and duty; a departure from that trip needs its own analysis. Do not assume every stop defeats coverage, or that a short stop can never affect the claim.
- Could I also have a claim against another driver?
- Possibly. If another driver's negligence caused the injury, a separate civil claim may be available alongside workers' compensation, subject to the facts and applicable law. C.G.S. § 31-293 addresses claims against third parties and the employer's recovery rights. The claims need to be coordinated; you should not assume you can keep both recoveries without accounting for reimbursement rights.