Whether a short one or a long one, most workers will get in their cars and begin their commute either to or from work. While many people will count this time as part of their workday, it is not often considered an extension of their work. Because of this, accidents that occur on the drive to or from work are often considered part of the employee's time and fall under the "coming-and-going" rule removing the responsibility of the company and typically your rights under worker's compensation.
Is there any time worker's compensation may apply?
The short answer to this question is yes, but only under in certain cases. While there is no guarantee a successful worker's compensation will be possible in the event of a commute-related accident but there are some situations in which filing a case may be prudent.
Employees where routine travel is part of their job requirement
Job positions that require regular driving as part of their daily employment are often exempt from the stipulations of the "coming-and-going" rule. Since travel is integral to their job and they might not have a fixed office, their vehicle can be considered an extension of their actual company. These types of positions can include jobs such as salespeople, nurses, and home healthcare aids.
Employees who are traveling while they are on call
Physicians and other workers may be subject to on-call work requirements. In this situation, they are considered on the clock from the moment they step in their vehicles and anything that occurs while they are going to or from their call would fall under a worker's compensation claim.
Employees who are injured while on a business travel assignment
If you are injured in a vehicle accident while on a work-funded business trip, you can often seek compensation even if the purpose of your travel in the vehicle was for recreation. Since business travel is considered the same as being at work, courts are often very lenient when it comes to allowing claims.
Employees who are required to travel through dangerous areas to get to work
Employees who must travel through dangerous road areas such as construction zones or areas where they are doing demolition could possibly seek damages if they have no other route to go through to get to work.
Employees on a work-related errand on the way to or from work
If you are performing an errand or task for your company that you perform on the way to or from work, you may have injuries that can be covered under workers compensation if you are involved in an accident. This can include trips to the bank, post office, or to pick up or drop off supplies or deliveries.
How do you assess whether or not the "coming-and-going" rule applies?
To help determine whether or not an accident would fall under the rule of "coming-and-going," or whether it should be listed as a workers’ compensation claim, can be accessed by answering a few simple questions in regards to the circumstances in which the accident occurred.
- Was the injury sustained while running a work errand?
- Is routine travel part of the employee's job requirements?
- Was it a company car? Or, if a personal car, does the employee get compensated for its use?
- Did the accident occur at the exit or entrance of company property?
- Was the travel between multiple worksites or buildings?
- Did the employer gain any benefit from the travel of the employee?
- Was the employee on call or their job duties?
- Was the employee traveling to or from a work-related training or conference?
- Was the employing delivering or transporting work-related materials for the company?
Once you have determined the answers to the questions above you may find yourself with a better understanding of whether or not your injuries could be classified as a worker's compensation related incident. If you believe your injuries could result in a worker's compensation claim consulting with an attorney can help you determine what compensation you could be entitled to and what requirements will need to be met to file a claim.
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