Workers’ compensation laws generally include a provision known as the “going and coming” rule. This rule prevents employees from filing claims for injuries sustained while commuting to or from work, restricting the employer’s liability for an injury from the beginning of an employee’s shift to the end of his or her workday. However, much like the rules for work injuries on lunch breaks, there may be some instances when an injury during a commute may be compensable under workers’ compensation.
Exceptions to the “Going and Coming” Rule in Workers’ Comp Cases
In order for a commute to be considered work-related (thereby qualifying for workers’ compensation benefits), there must be a specific factor in the journey where the injury occurred that distinguishes it from the worker’s normal commute. Common factors may include where the injury occurs, whether an employee was performing a special mission for the employer’s benefit, and whose vehicle was being used to transport employees.
Some exceptions to the “going and coming” rule may include:
- Driving to multiple job sites within a single shift
- Car accidents in the employer’s parking lot before or after a shift
- Running an errand for an employer on the way into or out of work
- Travel to an orientation or training session before the start of a workday
- Accidents in a company car
- Injuries to employees who travel for the majority of their day (such as truck drivers, bus drivers, police, etc.)
- An injury that occurs at any time during a business trip
An employer’s insurance company is likely to challenge a workers’ compensation claim if there is a chance that the injury might not be considered work-related. If you are seeking benefits for a work-related car crash, our workers’ compensation attorneys can gather evidence to strengthen your claim and advise you on your next steps at no cost to you. Contact Tapella & Eberspacher today at (855) 522-5291 or fill out our online contact form to schedule your free consultation.