Have you ever wondered if you’re covered by workers’ compensation when you’re coming and going to work? It’s a question that many employees have, but few know the answer to. After all, accidents can happen on the way to work just as easily as they can on the job site.
In this article, we’ll explore whether workers’ compensation covers employees during their commute. We’ll also discuss some of the exceptions and special circumstances that can affect your coverage. So, if you’re curious about your rights and protections as an employee, keep reading to learn more.
Understanding the “Going and Coming” Rule
What happens if you sustain an injury coming from or going to work? Workers’ comp doesn’t cover any incidents that happen off your employer’s property—but it CAN cover injuries that occur when you are on the premises as you are going to or leaving work. This is called the “going and coming rule.”
The “Going and Coming” rule is a legal principle that governs workers’ compensation coverage for injuries that occur while an employee is traveling to and from work. In general, injuries that occur during a worker’s commute are not covered by workers’ compensation insurance because they are not considered to be within the scope of employment.
However, there are some exceptions to this rule. Walking into work from the parking lot or walking out of work to your car, for instance, are examples of typically acceptable cases for workers’ compensation benefits.
It’s important to note that the “Going and Coming” rule can vary by state, so it’s important to check your state’s laws to determine your eligibility for workers’ compensation benefits. Additionally, if you are injured while traveling for work-related purposes, such as running an errand for your employer or attending a business meeting, you may be covered by workers’ compensation.
When Workers’ Compensation Covers Commuting
In general, workers’ compensation does not cover injuries that occur during an employee’s commute to and from work. However, there are some exceptions to this rule.
If an employee is injured while commuting to or from work, but they were also performing a work-related task at the time, then workers’ compensation may cover their injuries.
Similarly, if an employee is injured while running an errand for their employer on their way to work, they may be covered by workers’ compensation.
Another exception is if the employee is injured while traveling as part of their job. For example, if an employee is a traveling salesperson and is injured in a car accident while driving to a client’s office, they may be covered by workers’ compensation.
What to Do if You are Injured During Your Commute
If you are injured during your commute to or from work, it can be a confusing situation to navigate. Workers’ compensation typically does not cover injuries that occur outside of work, but there are some exceptions to this rule. Here’s what you should do if you are injured during your commute:
1. Seek Medical Attention
Your health and wellbeing should be your top priority. If you are injured during your commute, seek medical attention right away. Even if you don’t think your injuries are serious, it’s important to get checked out by a medical professional.
2. Report the Incident to Your Employer
Even if workers’ compensation does not cover injuries that occur during your commute, it’s still important to report the incident to your employer. This will help ensure that your employer is aware of the incident and can provide any necessary support or accommodations.
3. Contact an Attorney
If you are unsure whether your injuries are covered by workers’ compensation, it’s a good idea to contact an attorney who specializes in workers’ compensation law. They can help you understand your rights and options.
4. Consider Alternative Sources of Compensation
If your injuries are not covered by workers’ compensation, there may be other sources of compensation available to you. For example, you may be able to file a claim with your auto insurance or pursue a personal injury lawsuit.
Remember, every situation is different, and it’s important to seek guidance from a qualified professional to ensure that you are taking the appropriate steps to protect your rights and interests.
