California’s workers’ compensation law generally excludes injuries that happen during an employee’s personal commute. This is known as the “going and coming” rule, which views commuting as separate from work duties and therefore not covered under typical workers’ compensation. However, five critical exceptions allow coverage for certain work-related travel. Knowing these exceptions is essential for employees looking to secure compensation for job-related injuries during their commute.
What Is the “Going and Coming” Rule in California Workers’ Compensation?
The “going and coming” rule in California means that most injuries sustained while commuting aren’t covered by workers’ compensation. This principle assumes that commuting is outside the scope of employment. But in California, exceptions exist to support employees if their travel meets specific work-related conditions, potentially allowing injured employees to claim workers’ compensation benefits.
5 Key Exceptions to the “Going and Coming” Rule in California Workers’ Compensation
Understanding these five exceptions can help determine eligibility for commute-related injuries:
1. Special Mission Exception
Definition: The special mission exception applies when an employer assigns a task or errand outside an employee’s usual duties, often requiring travel at unusual hours or locations.
Example: Suppose an employer requests that you stop at a supply store on your way to the workplace. If you’re injured during that trip, this task could qualify for workers’ compensation under the special mission exception.
Documentation Needed: Keep records such as emails or texts detailing the special mission to prove that the employer assigned the task.
2. Employer-Provided Transportation Exception
Definition: If an employer arranges or reimburses an employee’s commute, then the commute may be considered part of the job, qualifying for workers’ compensation coverage if injuries occur.
Example: If your company provides a shuttle or reimburses your mileage, and you’re injured en route, this commute may be covered since it directly connects to your job responsibilities.
Documentation Needed: Retain proof of employer-provided transportation or reimbursement, such as company records or pay statements.
3. Dual Purpose Doctrine
Definition: This exception applies when travel serves both a personal purpose and a work-related one, making the trip potentially compensable.
Example: If you travel to attend a family event but also conduct business on behalf of your employer at the same location, any injuries sustained during the trip may qualify for workers’ compensation.
Documentation Needed: Document the dual purpose, including invitations, meeting notes, or email communications confirming the work-related aspect of the trip.
4. Worksite Proximity Exception
Definition: This exception applies if an injury happens within a close radius of the workplace or on employer-controlled property.
Example: If an employee slips in an employer-owned parking lot before officially starting their shift, the injury may be compensable since it occurs in proximity to the job site.
Documentation Needed: Show the connection to employer-managed areas with evidence like property maps or records demonstrating the employer’s responsibility for the area.
5. Employer-Controlled Areas Exception
Definition: When an injury occurs in an area that the employer owns or controls, even if it’s technically outside the workplace, the injury may be eligible for compensation.
Example: If an employee is injured in a walkway leading directly from a company parking area to the office, this injury may qualify under the employer-controlled areas exception.
Documentation Needed: Document proof of employer control, including signage or property ownership records.
How to Prove Eligibility for a “Going and Coming” Rule Exception?
Proving that a commute injury qualifies for one of these exceptions requires strong documentation. The following records help establish a clear connection to work duties:
- Employer Assignments: Emails, texts, or memos showing the employer requested a specific task.
- Transportation Records: Documents such as receipts or statements showing employer reimbursement or arranged transportation.
- Witness Statements: Statements from co-workers, supervisors, or third-party witnesses confirming the job-related assignment.
- Proof of Location Control: Evidence showing the accident location is employer-controlled, such as employer property maps or ownership records.
These documents strengthen the case for eligibility, making it more likely that commute-related injuries will qualify for compensation.
Why Hiring a Workers’ Compensation Lawyer Matters for the “Going and Coming” Rule
Legal guidance is critical when pursuing a claim involving “going and coming” rule exceptions. Claims under this rule often face additional scrutiny, as employers may argue that the injury occurred outside the scope of work. An experienced workers’ compensation attorney can help by:
- Challenging Claim Denials: Attorneys can dispute denials that misinterpret the exceptions or improperly apply the rule.
- Guiding Documentation Collection: An attorney can identify and help secure the documentation needed to prove your case.
- Representing Your Case: Legal counsel can represent your interests effectively, especially if the case goes to hearings or appeals.
Consulting with a legal professional is advisable if your claim involves complex exceptions or if the employer contests the eligibility of the injury under workers’ compensation laws.
Frequently Asked Questions (FAQs)
1. What does the “going and coming” rule mean in California workers’ compensation?
In California, the “going and coming” rule generally excludes coverage for injuries sustained while commuting, as commuting falls outside normal work duties.
2. Are there any exceptions to the “going and coming” rule?
Yes, California law provides five main exceptions: the special mission exception, employer-provided transportation, dual purpose doctrine, worksite proximity, and employer-controlled areas.
3. How can I prove eligibility for a “going and coming” rule exception?
You can prove eligibility by documenting employer-assigned tasks, employer transportation reimbursements, witness statements, and evidence showing employer control over the accident location.
4. When should I consult a workers’ compensation attorney?
Consult an attorney if your claim involves any exceptions to the “going and coming” rule or if your employer disputes the claim’s validity. Legal guidance is valuable for navigating the documentation and appeals process.
5. What documentation is needed to prove a special mission exception?
To prove a special mission exception, keep all records of employer assignments, such as emails, texts, or memos, that show the task was requested by the employer outside your regular duties.
Legal Terms and Doctrines You Should Know
- Frolic and Detour: If the employee makes a personal detour unrelated to work, this could disqualify an injury from being covered, even if the trip originally had a work purpose.
- Scope of Employment: Refers to activities an employee performs as part of their job duties, including those directed by the employer.
- Bona Fide Commute: A commute with no work-related detours; typically non-compensable unless an exception applies.
How These Rules Apply to Independent Contractors and Gig Workers
Under AB5 (Assembly Bill 5) in California, many workers previously considered independent contractors may now be classified as employees. This impacts their eligibility for workers’ compensation coverage. However, proving that your commute was job-related still depends on the exceptions outlined above.
Examples of relevant roles:
- Uber or Lyft drivers on route to pick up a customer (may be covered).
- DoorDash drivers combining personal errands with deliveries (might qualify under dual purpose).
Remote Work and Work-from-Home Commute Injuries
For hybrid or remote employees, the “commute” might involve walking from one part of the home to a designated office space. While traditionally not compensable, injuries on employer-controlled home office setups (e.g., corporate equipment, employer-mandated ergonomics) may be compensable.
Time Limits for Commute-Related Injury Claims
According to California law:
- You must report your injury to your employer within 30 days.
- You generally have one year from the date of the injury to file a formal claim.
Missing these deadlines may result in denial, even if an exception applies.
Notable Case Law: Real Decisions That Set Precedent
- Santa Rosa Junior College v. WCAB: Clarified when a parking lot injury is compensable.
- Hinojosa v. WCAB: Applied the special mission exception to a teacher driving to a weekend event.
- LaTourette v. WCAB: Examined the employer-provided transportation rule when injury occurred on a company shuttle.
Need Help?
If you think your injuries fall under these exceptions and are related to workers’ compensation, contact us at Hussain & Gutierrez, your trusted Van Nuys Workers’ Comp Attorney. We have the best workers’ comp attorneys, navigating every aspect of your trial efficiently. Our goal is to make sure anyone involved in a work accident has all the resources they need to make a claim for their desired compensation. We look forward to analyzing your legal situation. Make your claim!
