What is the going and coming rule in workers’ comp?

You are driving to work when another driver pulls out ahead of you unexpectedly. You T-bone their car at high speeds, and you suffer significant injuries. You’re now facing extensive medical bills, and you are also losing wages because you can’t work until you recover.

What you’re wondering, though, is if you can seek workers’ comp benefits to cover some of these costs. After all, you were driving to work when the accident occurred. You never would have been doing so if you didn’t work there, so that commute feels like one of the obligations of your job. Does this mean that you qualify for workers’ comp benefits or not?

Excluding the commute

Typically, accidents during a commute are excluded from workers’ comp. This is because of the going and coming rule. Workers are only covered by workers’ comp laws if they are clocked in, so it doesn’t start until you arrive at work.

That said, there are some notable exceptions. If you’ve been asked to do something – like pick up office supplies – during your commute, then you may qualify. Once you’ve been given a job to do, it makes you eligible for workers’ comp benefits.

Another example is if you are driving for work. Even if you’re not a professional driver, you may have to drive from the office to a work site. An accident during that drive would qualify because it is not your daily commute. You are still acting as an employee at the time.

You can see how complicated this may make your workers’ comp case. It’s absolutely critical that you know what legal options you have when your workers’ compensation claim is in dispute.