Workers Compensation Coming and Going Rule

Most state workers’ compensation laws specifically do not provide employees with coverage for injuries incurred pursuant to the “coming and going” rule.  In other words, employees typically are not entitled to workers’ compensation benefits if they are in the process of coming or going to work, i.e. during their commuting time.  However, the “coming and going” rule does not exclude coverage in all situations where an employee is injured on his or her way to or from work.

Work Related Traveling and Injuries

For instance, under some state workers’ compensation laws, an employee who has been specifically instructed to perform a work-related errand while coming to work or going home from work, and suffers an injury in the process, may be entitled to workers’ compensation benefits related to the injury.  Similarly, if the employee’s job duties involve a substantial amount of travel, such that the employer provides the employee with a company vehicle and/or transportation expenses, the employee’s injuries that occur during commuting to and from work may be covered by workers’ compensation.

Another example would be if an employee worked in sales, and used his home as a part-time office, and his employer’s facility as a part-time office as well.  If the employee was injured while traveling to his employer’s facility for a meeting with a particular customer, his or her injuries arguably would be covered by some state workers’ compensation programs.  An Ohio appellate court recently held that this situation was covered by Ohio’s workers’ compensation program, but this may not be the case under other states’ workers’ compensation laws.

Coming and Going Rule Compensation

Because it can be difficult to ascertain whether a particularly injury falls within the “coming and going” exclusion, or whether it is covered by your state workers’ compensation program, you should consult an experienced workers’ compensation attorney for advice before assuming that you are ineligible for benefits.