The going and coming rule applies to workers’ compensation claims arising from a car accident during a person’s commute. If a worker who is driving to the office is involved in an accident and suffers serious injuries, they may want to seek workers’ compensation benefits to cover their medical bills and lost wages. But this rule stipulates that they generally cannot do so since the accident happened during their commute.
The basis for this rule is that the commute, although necessary for the worker to maintain employment, does not qualify because they are not officially acting as an employee at the time. They are not performing duties that are directly related to their job, and they are not on the clock. Their employer is only responsible for injuries that take place after they clock in.
2 key details to note
There are some important things to know about this rule. The first is that an employee who has been given work-related duties during their commute may be an exception to the rule.
Say that an employee works in an office building and is told to stop and pick up ink and paper for the printers on their way to work that morning. If they make the pickup and then get involved in an accident, they may qualify for workers’ compensation benefits, even though they had not technically arrived at the office building yet.
The second thing to remember is that driving between job sites is different from commuting to work. A member of a roofing crew who has to drive from one job site to another while still on the clock would likely be able to claim workers’ compensation benefits if a car accident occurs, for example.
Every case is unique, but it is important for workers to understand exactly when they deserve benefits and what legal steps to take.