Does Workers’ Compensation Cover Injuries During Your Commute in New York?
Call the KLFH workers’ compensation lawyers at (646) 956‑5808 for a free case evaluation.
Understanding the “Coming and Going” Rule in New York
For many New Yorkers, commuting is a daily reality—whether by car, bus, subway, or walking. If you’re injured while traveling to or from work, you naturally wonder: Does workers’ compensation cover that injury? In New York, the default rule is that injuries sustained during a commute are not covered under workers’ compensation. In legal terms, this is known as the ‘coming and going rule.’ Your commute is viewed as your personal time—not part of your job duties—and so falls outside the protections of workers’ compensation. However, just like many rules, there are important exceptions.
Exceptions to the Rule: When a Commute Injury Might Be Covered
- The “Special Errand” Exception: If your employer instructs you to run an errand before, during, or after your regular work hours, the travel to complete that errand may fall within the scope of your employment. If your supervisor asked you to pick up office supplies or deliver documents on your way to work or home and you are injured while doing so, that can potentially transform your commute into a compensable work trip.2. Employer-Provided Transportation: If your employer provides a company vehicle or arranges transportation, injuries sustained during that travel may be compensable. The transportation must generally be a condition of employment or under the employer’s control.
3. Travel During the Workday: If your day already involves moving from one jobsite to another, such as construction, healthcare, or field service work, those travel segments are usually considered part of your employment and are covered.
4. No Fixed Worksite: Employees who do not report to a single location—such as sales professionals or service technicians—often have their travel treated as part of their job duties.
What You Can Do If Injured on the Way to Work
If you are injured on your way to work, report it immediately and document the circumstances. Keep photos, medical records, and employer communications about errands or transportation. Even if workers’ compensation does not apply, you may still have other legal options such as a third-party claim against a negligent driver or a premises liability claim if the accident occurred on another party’s property.
Why You Need an Attorney for Commute Injury Cases
Commute-related claims are highly fact-specific and often contested. An experienced workers’ compensation attorney can evaluate your case, determine whether an exception applies, and represent you before the Workers’ Compensation Board. The KLFH workers’ compensation lawyers handle these complex claims throughout New York, ensuring that your rights are protected and all potential compensation sources are explored.
Call the KLFH workers’ compensation lawyers at (646) 956‑5808 for a free case evaluation.