What is the ‘coming and going rule’?

What is the ‘coming and going rule’?

What is the ‘coming and going rule’?

In order for workers’ compensation to apply to your injury, it must be work-related. However, not all work-related injuries happen directly at the office or the site of the job. For instance, it would be possible for workers’ compensation to apply if a worker sustains an injury at an office party held at a bowling alley.

With this being the case, many find it surprising that a worker sustaining injury on the commute to and from work is not usually covered under workers’ compensation. According to FindLaw, this is the ‘going and coming’ rule.

What if I was driving for work?

There is a difference between the exclusion of commuting and actively driving while on the job. For instance, a construction worker who is traveling between multiple job sites while on a shift would indeed have workers’ compensation coverage if he or she sustained an injury while doing so.

Are there any other exceptions?

Yes. If you drive a company-owned vehicle that possesses a company logo, it is likely that the going and coming rule will not apply if you sustain an injury while on your commute. Furthermore, if you have a job that involves a lot of travel, the going and coming rule does not cover this. For instance, if you are a bus driver and sustain an injury while driving a bus, the going and coming rule will not apply.

“Special missions” are also exceptions to the going and coming rule. If your boss asks you to go get him or her coffee and you sustain an injury while doing so, workers’ compensation will cover your injury.