Unfortunately, workers’ compensation eligibility generally doesn’t extend to an employee’s commute to or from work. Even so, certain exceptions to the “going and coming” rule can mean an employee is covered under unique circumstances.
This blog will explore this topic in more detail, but workers’ compensation is a notoriously nuanced area of law. If you have any questions about your unique situation, the best course of action is to consult a workers’ compensation lawyer for the advice and services you require.
The “Going & Coming” Rule
One of the primary factors that determine whether workers' compensation will cover a commuting accident is the going and coming rule. This rule generally states that injuries sustained during an employee's commute to or from work are not covered by workers' compensation.
This includes accidents while driving to the office or while taking public transportation. The rationale behind this rule is that employees are not considered on the job during the commute, so they’re not engaged in work-related activities.
Special Circumstances That May Lead to Coverage
While the “going and coming” rule is the standard, several exceptions may allow workers' compensation to cover a commuting accident. These include traveling for work-related tasks and using employer-provided transportation to get to work.
Traveling for Work-Related Tasks
This exception can blur the line between commuting and performing job duties. For instance, if an employee must make a business trip or run errands for their employer during the day, workers' compensation usually covers them. The employee may be entitled to benefits if an accident occurs while completing these tasks. In such cases, the employee is considered engaged in work-related duties, and the commute is part of the workday.
This coverage also applies to employees traveling long distances for work-related tasks. If an employee must attend meetings or conduct business outside their usual work location, any accidents occurring during that travel could be covered under workers' compensation. In these situations, the employer must ensure the employee has the resources and support necessary to travel safely.
Employer-Provided Transportation
Another area where workers' compensation may apply to commuting accidents is when the employer provides transportation. If an employer provides a vehicle for an employee to commute to and from work or to travel between job sites, the rules surrounding workers' compensation can change. In this case, the commute may be seen as part of the employee’s job, and any accidents occurring during the commute could potentially be covered under workers' compensation.
However, the specifics of coverage depend on the arrangement between the employer and the employee. For example, if an employer provides transportation but the employee uses it for personal purposes outside of work-related duties, the injury may not be covered. The key factor is whether the commute or travel is deemed to be part of the employee’s job responsibilities.
Contact Us for Workers’ Compensation Assistance
If you’ve experienced a commuting accident and are unsure whether you qualify for workers' compensation, it’s important to seek legal guidance.
Navigating the complexities of workers' compensation laws can be challenging, especially when it comes to exceptions and specific circumstances that might apply to your case. An experienced attorney—such as ours at Michael J. Doyle, Attorney At Law—can help you understand your rights, assess the details of your accident, and guide you through the claims process.
Contact Michael J. Doyle, Attorney At Law today to explore your legal options for securing the compensation you need.