Many employees are under the impression anything that occurs at work, is covered by a Workers’ Compensation claim. These employees may also be under the impression if an accident occurs during their commute going and coming into work, workers' compensation covers them.
Workers' Compensation benefits generally do not include injuries that may happen while commuting to and from work. The reasoning behind this rule is that when employees are going and coming from work, they share the same risks with everyone else commuting to and from work and these risks are not related to their job.
There are exceptions such as the hospital employee who was injured in a car accident on her way to work in the hospital’s parking lot with a landscaper contracted by the hospital. The parking lot had metered spots for employees to park. This claim was compensable since the employee was instructed to park in this specific parking lot.
Exceptions to the Going and Coming Rule
Below are the exceptions to the going and coming rule. Employers and adjusters should have a good understanding of these exceptions and how they apply specifically to their organizations.
Commuting in a Company Provided Vehicle
Employees commuting to work in their vehicle are not covered, but those commuting to work in a company provided vehicle are covered in most states. There can be different restrictions on the use of a company provided vehicle by state that can affect the exception to this rule.
Special Assignment or Mission
An example of a special assignment is a manager giving an employee money and asks the employee to stop and pick up some cream for the coffee on his way to work. If the employee is involved in an accident and sustains injuries, the employer is responsible for Workers Compensation benefits. This also applies if the employee is sent out at work or on their way back from lunch.
Traveling Employee
Any employees where travel is part of their jobs such as pilots and truck drivers. Simply stated, these are employees that would not be able to perform their job without traveling.
Traveling between job sites – Landscaper
There are many jobs where part of an employee’s daily routine is to travel between job sites. Landscapers moving from one job site to the next throughout the day are an exception since their job requires them to travel between job sites.
Commercial Traveler
An employee attending a business trip is considered working when commuting to and from the event. This also includes any travel that is part of the trip such as to and from restaurants or the hotel where the employee is staying.
Conclusion
Having a good understanding of what the exceptions are to the going and coming rule and sharing that knowledge with your organization can help avoid unnecessary workers’ compensation claims in the first place.
The going and coming rule along with the exceptions to the rule are well known by most employers and adjusters that handle these claims. When these claims do occur, many times there are circumstances where determining the compensability of these types of claims is more complicated and require further investigation.
Click below to learn more about our Workers' Compensation services.
