On an otherwise peaceful morning, you suffered a severely injured shoulder when another driver t-boned your vehicle at an intersection.
It happened on a Monday during work hours. Will the “going and coming” rule prevent you from receiving workers’ compensation benefits?
About the rule
If you sustain an injury in an accident while driving your own car to or from work, you will likely not qualify to receive workers’ compensation benefits due to the “going and coming” rule. This is because the insurer does not consider your commute to be job-related. In other words, you are on your own time. Of course, there are exceptions to every rule.
Driving between job sites
One exception concerns driving between job sites. You may be a company project manager checking on construction sites or a member of the IT department servicing employee computers in different buildings. Even if you are in your own vehicle when an injury occurs, you qualify to receive workers’ compensation benefits because you were driving on company business during working hours.
Traveling for the company
Traveling may be a major part of your job description. You might be a pilot, a state trooper or a bus driver. If you sustain an injury during working hours, the workers’ compensation insurer should cover your medical expenses and any lost wages. Also, if you are traveling on company business—for example, to a seminar in another city—your entire trip including the flight and hotel stay is covered in the event of an injury. However, remember that if you are driving to or from your job, to the airport or bus depot when the shoulder injury occurs, you are subject to the going and coming rule and should not expect to receive benefits.
