Exceptions To The Going And Coming Rule In Workers’ Compensation

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Exceptions To The Going And Coming Rule In Workers’ Compensation

Are employees compensated under workers’ compensation for commuting injuries? Generally speaking, no, they are not. As workers’ compensation is a form of insurance providing vocational rehabilitation, medical benefits, and wage replacement to workers for any injury caused “in the course and scope of employment”, compensation benefits don’t apply to workers traveling to and from work. However, an injury that occurred at the parking lot of the place of employment might be covered under workers’ compensation while an injury that occurred on the street near the same parking lot will not be compensated for. That said, there are a few exceptions to the Going and Coming Rule. Read on to find out more:

The Special Mission Exception To The Premises Rule

When you are on the clock and your employer asks you to go run a special errand or a special mission out of the employment premises and you get injured during your commute, you are eligible for workers’ compensation. For example, if your boss asks you to get him a cup of coffee from that restaurant across the street and you get hurt while you are there, the boss owes you damages.

Injuries During Business Trips

Workers’ comp covers business travel. As per the rule, if an employer is traveling for work, and thus gets injured, he will be awarded compensation for the harm caused. However, if the worker gets hurt while utilizing his free time, in such cases, he might not be covered. For instance, you may not be able to claim damages for getting injured while dancing at a club as it does not fall within your job role.

Car Accident In A Company Vehicle

Depending on the circumstances, if your employer provides you with transportation services and your commute is via a company vehicle, either driven by you or someone else, you can be compensated under work comp. You would be covered even if the injury or accident was caused due to your negligence. Similarly, you will be covered if you are driving a company’s car which is a moving advertisement for the company. In this case, you can argue damages even if you were not involved in work-related activities at the time of commute.

Traveling Employees Acting On Behalf Of The Employer

If a person works full-time as a traveling employee and goes from one job site to another, he will be covered for any injury caused during such a commute to work. Common examples of such workers include truckers, taxi drivers, visiting nurses, construction workers, etc. All these employees are protected under workers’ comp as their principal work activity is related to constant traveling.

Need Help?

If you think your injuries fall under these exceptions and are related to workers’ compensation, contact us at Hussain & Gutierrez, your trusted Los Angeles workers comp attorneys. We have the best workers comp attorneys, navigating every aspect of your trail 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!.