Workers who are injured on the job often deserve workers’ compensation benefits. They were injured because of their employment, so these benefits can cover some of their lost wages and medical bills.
But what about workers who are commuting to their jobs? They would not be on the road if they were not employed, so they may feel like any injuries suffered in a car accident are also the result of that employment. But does this mean they can get workers’ comp benefits if they get rear-ended on the way to work?
The going and coming rule
Often, the answer is no. A worker is not covered during their commute, whether they are going to work or coming home at the end of the day. The reasoning for this is that they are not performing the duties of their job and are not technically clocked in at the time of the accident. It may feel work-related to the employee who was driving to their place of employment, but they are technically still on their personal time.
In some cases, there can be exceptions. Workers who are told to drive between job sites in the middle of the day, for example, are often covered for accidents that happen while they change sites. Additionally, workers who are given job-related tasks to do during their commute, like stopping to pick up supplies, may also be covered, even though they have not technically arrived at work and clocked in yet. They are still performing job-related duties and acting as an employee at the time of the accident.
This can make workers’ comp cases a bit complex, especially if there is a dispute over whether an employee is covered. It is crucial for them to know what legal steps to take to protect their rights.
