Workers often get hurt when they’re already on the job site, and then they file for workers’ comp benefits. A construction worker may be climbing a ladder when they slip and fall, for example. They suffer a head injury and they’re rushed to the hospital, so they need workers’ comp to replace wages and cover medical bills.
However, workers also may be injured in car accidents during their commute. Rush hour is notorious for accidents because of increased traffic levels. If an employee is driving to work or heading home after work and they are injured in a car crash, can they then seek workers’ comp benefits?
The going and coming rule
In most cases, this is prohibited. The reason for it is the going and coming rule, which stipulates that workers are only entitled to workers’ comp if they are actively on the job at the time of injury. They have to be performing the duties of that job—not just driving to their workplace. They may be able to seek compensation from the driver who caused the car accident, but that’s different than seeking workers’ comp benefits.
There are some exceptions, and this can get complex. For example, say that a worker is given a special task to complete while they commute to work. Maybe they have to pick up supplies for the office or make a delivery. That could mean they are performing the duties of their job, so they do qualify for workers’ comp.
Another example is if workers have multiple job sites and they have to drive between them. They may qualify for workers’ comp if they’re involved in an accident while switching job sites.
Because this can get so complex, it is often beneficial to have an experienced workers’ comp attorney on your side when seeking appropriate compensation.