Will the “going and coming” rule affect your workers’ comp claim?

On Behalf of | Jul 28, 2021 | Firm News |

As a carpenter for a large property developer, you often drive from one job site to another during the day, usually in your own pickup truck.

If you are injured in a vehicle crash, you could file a workers’ compensation claim. But under the “going and coming” rule, would this still be possible?

About the “going and coming” rule

Not every work-related injury occurs in the office or on the job site. You might suffer an injury at the company picnic in the local park and still qualify for workers’ compensation benefits. The same holds true if you are driving between job sites during your workday. However, the commute to and from work is not considered job-related. During the commute, you are on your own time, and, with exceptions, workers’ compensation benefits would not apply to any injury you might sustain. One such exception is commuting using a company car. This is usually considered a job-related trip.

Traveling in your job

If traveling is a necessary part of your job description—you might be an airline pilot, a bus driver or a state trooper, for example—workers’ compensation benefits are likely available to you. You could also file for benefits if you sustain an injury while traveling for business. Workers’ compensation would cover you while attending a three-day conference, including the travel time to and from.

The special mission exception

If you pick up donuts on your way to a job site at the request of your supervisor, and you fall on a slippery floor at the bakery, the resulting injury is work-related. This is because the donut request is a “special mission,” which is why coverage for your injury is available. Furthermore, your supervisor can likely provide the workers’ compensation claim form for you to complete.