What is the Coming and Going Rule?
COVID-19 disrupted the modern-world like nothing before it, especially how we work – due in large part because of the Internet. Although some organizations are keeping their virtual offices running, many are bringing their employees back to the brick-and-mortar buildings that we all know and love. And because many employees are again commuting to and from work, it’s no surprise that one of the most commonly asked questions is once again being asked: “Does workers’ compensation cover me if I am injured on my way to work in a car accident?”
There’s actually a name for this question in the world of workers’ compensation. It’s called the Coming and Going Rule. In other words, the rule applies to injuries that people sustain while they are going to work of coming home from work, and in general, injuries sustained on the way to work or on the way home, are not covered under the Workers’ Compensation Act.
Watch our 2-Minute Tuesday Briefing on the Coming and Going Rule.
Injured on the way to work or on the way home? This is what is known as the Coming and Going Rule in the world of workers' compensation. Unfortunately, these injuries are generally not covered. Click To Tweet
Is That It? Really?
However, there is good news because there are a few exceptions to the rule:
- You’re driving a company vehicle that’s provided to you, by your employer, and you’re injured while going to work or coming home from work.
- If you’re running a special errand requested by your employer on your way to work on your way home from work, the injury may be covered. For example, your employer calls you at home on the morning of your assigned day to work and asks you to stop at the Acme air conditioning store to pick up some supplies for the office and you get into an accident while on the way to the Acme air conditioning store.
- You are paid for your travel.
- You have no fixed place of work. For example, you’re a salesman, travel nurse or construction worker.
Remember, these are exceptions. Although they may be the circumstances where workers’ compensation will cover you – it’s not a 100 percent certainty.
Conclusion
Every workers’ compensation case is unique so it’s a good idea to consult an attorney if you’ve been injured on your way to work on your way back home. An attorney will advise you and let you know if your case is covered under the Maryland or the District of Columbia workers compensation acts.
Remember, most workers’ compensation attorneys do not get paid unless you win or settle your case – so there’s not risk to contact one and get a free consultation. Contact us today for your free consultation.