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How the going and coming rule affects your workers’ comp coverage

If you are driving to work and another motorist hits your car at an intersection, can you receive workers’ compensation benefits for the shoulder injury you sustain?

What is the “going and coming” rule and how does it affect your workers’ compensation insurance coverage?

About your commute

A work-related injury does not have to occur at the job site or in your office. For example, you might suffer an injury during the company picnic in the park. You could then file a claim for workers’ compensation benefits. However, workers’ comp coverage does not apply if you sustain an injury while driving to or from work. The commute itself is not considered a work-related activity. This is the going and coming rule.

Exceptions to the rule

If you use a company car or truck in your commute, workers’ compensation will likely cover an injury. You can also expect coverage for an injury you suffer while driving between company offices or job sites during your workday whether you are using your own vehicle or one belonging to your employer.

Travel exceptions

Travel goes beyond the normal commute. So, if you travel as part of your job—such as a pilot, state trooper or bus driver—you probably qualify for workers’ compensation benefits. Also, if you travel on business, the entire time you spend traveling qualifies you to receive benefits in the event of an injury, not just the time you spend attending the seminar.

Third-party liability

If an individual or business outside of your employer is at fault for an injury you sustain while driving, your attorney can pursue compensation on your behalf in addition to filing a claim for workers’ compensation benefits.