As a general rule, you are not covered by workers’ compensation while you are traveling to work or returning home from work. However, there are many issues involved with coverage and in some instances you will be covered. This area of the law is usually referred to as “the coming and going rule”.
The entire area is very fact specific and there is no hard and fast rule. For example, if you work at a different location on a daily basis or you have travel associated with your work, you may be covered by workers compensation. Additionally, if you are running an errand for your employer or going to a meeting required by work, then you are probably covered by workers compensation even if you are involved in a motor vehicle accident on your way to the meeting or have a slip and fall at the location of the meeting. Further, if you fall in a parking lot before coming in to work you may or may not be covered depending on the specific circumstances.
You must be able to show that you were injured in the course or your employment and show that your injury arose out of your employment and often it will be up to a hearing officer or the court to make that determination based on the law and facts specific to the case.
This entire area is constantly changing based on different facts and cases. Make sure you get a legal opinion based on your facts.
Leave a Comment