When you’re injured on your way to or from work, you may assume that workers’ compensation benefits are out of reach due to the “coming and going” rule, which typically excludes such injuries from coverage. However, there are several important exceptions to this rule that could make you eligible for benefits. At Katz, Leidman, Freund & Herman, we specialize in navigating the complexities of workers’ compensation claims, ensuring injured workers in New York receive the benefits they deserve. If you’ve been hurt in a situation that might involve an exception to the coming and going rule, contact our experienced attorneys today for a free consultation. We’re here to help protect your rights and secure the compensation you need.
What Is the Coming and Going Rule?
The “coming and going” rule is a legal principle in workers’ compensation law that generally excludes injuries sustained while commuting to or from work from being covered. The rationale behind this rule is that employers typically do not have control over the risks employees face during their commutes, such as traffic accidents or public transportation incidents. Since these activities occur outside the scope of employment, injuries during these times are not considered work-related.
For example, if you are injured in a car accident while driving to your office or on your way home, your injury would typically not qualify for workers’ compensation benefits under the coming and going rule. However, this rule is not absolute, and there are several exceptions that could apply, allowing you to pursue a claim. Understanding these exceptions can make a significant difference in your ability to recover compensation for your injury.
Exceptions to the Coming and Going Rule
While the coming and going rule generally bars workers’ compensation claims for injuries sustained during a commute, several key exceptions can allow injured workers to receive benefits. These exceptions recognize that certain situations blur the line between personal commutes and work-related activities. Below are some common exceptions to the rule:
1. Traveling Employees
If your job requires you to travel as part of your duties—such as sales representatives, delivery drivers, or other mobile workers—your travel time is considered work-related. Injuries sustained during this travel are often eligible for workers’ compensation benefits.
2. Employer-Provided Transportation
If your employer provides transportation to and from work, such as a company car, shuttle service, or reimburses your travel expenses, injuries sustained during your commute may fall under the scope of employment.
3. Performing Work-Related Tasks During Commute
If you were performing a task at your employer’s request while commuting, such as picking up supplies, attending an offsite meeting, or making a work-related stop, your injury may qualify for compensation.
4. Premises Rule
If you are injured on your employer’s property while coming to or leaving work, such as in a parking lot or driveway owned or controlled by the employer, you may be eligible for benefits.
5. Special Mission or Errand
If your employer sends you on a specific mission or errand outside your usual job duties, any injuries sustained during this trip may be covered, even if it occurs outside regular working hours.
6. Unusual or Hazardous Conditions
If your employer requires you to navigate unusual or hazardous conditions as part of your commute, such as traveling during inclement weather or to a remote location, you may qualify for an exception.
If you’ve been injured while commuting and believe your case may fall under one of these exceptions, Katz, Leidman, Freund & Herman can help. Our skilled attorneys have decades of experience handling complex workers’ compensation claims and will fight to secure the benefits you deserve. Contact us today for a free consultation.
What Compensation May Be Available?
If your injury qualifies as an exception to the coming and going rule, you may be entitled to a range of workers’ compensation benefits. These benefits are designed to help cover the costs of your injury and provide financial support during your recovery. In New York, workers’ compensation may include the following:
- Medical Expenses: Workers’ compensation typically covers all necessary medical treatment related to your injury. This includes doctor visits, hospital stays, surgeries, medications, physical therapy, and any specialized care you may require.
- Lost Wages: If your injury prevents you from working, you may receive wage replacement benefits. In New York, this is generally calculated as two-thirds of your average weekly wage, subject to a maximum limit, based on the extent of your disability (temporary or permanent, partial or total).
- Disability Benefits: Depending on the severity of your injury, you may be eligible for temporary or permanent disability benefits. Temporary benefits are paid while you recover, while permanent benefits may be awarded if your injury leads to lasting impairment.
- Vocational Rehabilitation: If your injury prevents you from returning to your previous job, you may qualify for vocational rehabilitation services, such as job training or career counseling, to help you transition to a new role.
- Death Benefits: In tragic cases where a work-related injury results in death, the deceased worker’s family may be entitled to death benefits, which include financial support for dependents and coverage for funeral expenses.
Are Business Trips Included in the Coming and Going Rule?
No, business trips are generally not included in the coming and going rule. When an employee is traveling for work, such as attending a conference, meeting with clients, or completing other job-related tasks away from the regular workplace, their travel is considered part of their employment. This means that injuries sustained during a business trip are typically covered under workers’ compensation.
For example, if you are injured in a car accident while driving to a work-related event or experience an injury while staying in a hotel for business purposes, these situations would likely qualify for workers’ compensation benefits. Even injuries that occur during incidental activities, such as dining or walking to a meeting while on the trip, may be covered.
However, there may be limitations. For instance, if you deviate from your business trip for personal reasons—such as sightseeing or visiting friends—any injuries sustained during that deviation may not be covered.
Know Your Rights for Your Work-Related Commutes
If you’re injured in a situation that might qualify as an exception to the coming and going rule, you have the right to pursue benefits to cover your medical expenses and lost wages. Employers and insurance companies may attempt to deny claims based on this rule, but with the right legal guidance, you can fight for the compensation you deserve.
At Katz, Leidman, Freund & Herman, we are dedicated to protecting the rights of New York workers who are injured on the job—or while performing work-related activities during their commutes. Our experienced attorneys can evaluate your case, identify applicable exceptions, and build a strong claim on your behalf. Don’t let confusion about the coming and going rule prevent you from seeking the benefits you need. Contact us today for a free consultation and let us help you take the next steps toward recovery.