The ‘Coming and Going’ Rule

Navigating the maze of legal regulations can be overwhelming, especially when dealing with a work-related injury. Workers’ compensation acts as a safety net for employees injured on the job. However, complexities arise with injuries during commutes to and from work. Let’s explore the law to see if an injury while traveling qualifies for workers’ compensation.

The Basics of Workers’ Compensation

 

The workers’ compensation system in the state of Ohio is a no-fault-based system, which means you don’t have to prove that anyone did anything wrong to cause your injury. Your work-related illness or injury entitles you to certain benefits, which may include lost wages, medical bill payment, payment for permanent impairments, and more.

The First Hurdle: What Constitutes a Work-Related Injury?

 

To qualify for workers’ compensation, an injury must be within the course of, and arising out of employment.  This means the injury must have occurred while you were performing work for your employer, and the injury must have had a work-related cause. But how does this apply to your daily commute?

What is the Coming and Going Rule?

 

The coming and going rule is a legal concept used to determine if an employee’s commute falls under the domain of workers’ compensation. Essentially, if an injury occurs during regular travel to and from work, it is generally not considered within the scope of employment, and thus ineligible for workers’ compensation coverage.

Exceptions to the Rule

 

Although the rule is clear cut, there are several significant exceptions where your commute could be covered:

Compulsory Travel Doctrine

 

Workers who are required to travel as part of their job (such as delivery drivers) are under the compulsory travel doctrine. This means that their travel is part of their work and any injury during this time is usually compensable.

Special Mission or Deviation

 

If an employee is on a special mission for their employer or makes a deviation from their normal commute at the employer’s request or benefit, this can be considered employment-related and compensable.

Traveling Employee Exception

 

For workers who have no fixed place of work, injuries during their commute are often covered. Examples include salespeople or those who travel between different job sites throughout the day.

“Dual Purpose” Exception

 

If the trip serves a dual purpose, meaning the employee performs a work-related task in conjunction with their commute, it may also be compensable.

Exceptions to the Rule: When the Commute Is Part of Work

 

However, there are notable exceptions to the “going and coming” rule. These can swing the pendulum of compensation in your favor, particularly if the circumstances of your commute blur the lines between personal and professional duties.

Special Errands and Task Inclined Commutes

 

You could be eligible for workers’ compensation benefits if:

  • Your employer required you to run a special errand or task before your workday technically began or after it ended.
  • You were performing a work-related duty as part of your regular commute.
  • Your role calls for you to travel between job sites during the day.
  • You were driving a company-owned or a leased vehicle for work purposes.
  • Your job entails commuting through hazardous conditions known to pose risks.
  • You were injured due to the actions of a co-employee who acted on behalf of the employer.

The Shield of Legal Counsel: Why Laying Claim Alone Is a Risk

 

Suffering an injury on the job is already a stressful and painful experience, but the process of claiming workers’ compensation can add a new layer of complexity and frustration. This is especially true when the interpretation of rules and exceptions is involved, which can significantly impact your eligibility for benefits. That’s where the attorneys at Gallon, Takacs & Boissoneault come in, providing advice, guidance, and decades of experience to help you navigate the intricate process of filing a successful claim. Attempting to tackle the process alone may seem like a good way to save money, but the risk of missing out on the benefits you truly deserve is not worth it. Let our experienced lawyers guide you through the process and ensure that your rights are protected.

The Value of a Toledo Workers’ Compensation Attorney

 

 

While it’s possible to file for workers’ compensation without legal representation, doing so could be risky. An experienced Ohio workers’ comp attorney can review the details of your injury and advise you on the best course of action. They can ensure that you meet all deadlines, help you gather critical evidence, and present your case in the most compelling way possible.

Given that time is often of the essence in these situations, seeking legal advice promptly is crucial.

What to Do if you are in an Accident

 

If you’ve been injured in what you believe to be a work-related incident, immediate action is your best recourse.

Notify Your Employer

 

The first thing you should do if you have been injured on the job is to notify your employer immediately. Failing to report a work injury can lead to complications down the road when it comes to compensation. Prompt notification can help ensure your eligibility for workers’ compensation benefits. It also allows your employer to take the necessary steps to help prevent similar incidents from happening in the future. While it may be a difficult conversation to have, taking action right away can help you get the support you need to recover and get back on your feet.

Seek Medical Care

 

 

When it comes to workplace injuries, seeking medical care should be at the forefront of your priorities. While it’s important to take care of your health and well-being, seeking medical attention will also give you a clear understanding of the extent of your injury. Furthermore, documenting your injury is crucial when it comes to making a workers’ compensation claim. Without proper medical documentation, it can be challenging to obtain the compensation you deserve for your workplace injuries. That’s why it’s important not to shrug off any injury, no matter how minor it may seem. Seeking medical care is the right step towards not only feeling better but also ensuring that your workers’ compensation claim is a success.

File a Claim

 

 

If you’ve been injured while on the job, it’s important to take action as soon as possible. You have up to one year to file a workers’ comp claim with the Ohio Bureau of Workers’ Compensation, but it’s best to do so as soon as possible. The process involves filling out the First Report of Injury form, which can seem daunting at first, but it’s important to take your time and provide as much detail as possible. Any necessary evidence should be included with your claim. Remember, your health and well-being are top priorities, so don’t hesitate to seek medical attention if needed before submitting your claim.

Collect and Preserve Evidence

 

After an injury at work, focus on recovery and getting back to your job. Remember to collect and preserve evidence for your workers’ compensation claim. Keep detailed records of all injury-related documents like medical bills, receipts, and reports. This helps in the claims process and provides valuable information if disputes arise. Also, take photos of any physical evidence like broken equipment or unsafe conditions. These steps ensure you have the evidence needed for your claim and compensation.

The Compensation Lifecycle

 

If your claim is approved, you may be eligible for various benefits, including:

  • Medical benefits, cover the cost of necessary medical treatment, such as hospital visits, surgeries, prescription drugs, and more.
  • Wage loss benefits are intended to compensate for any lost earnings resulting from time off work due to your injury.
  • Disability benefits, such as payments for permanent impairments.
  • Vocational rehabilitation, helps you return to the workforce if your injury prevents you from returning to your former job.

 

The Role of a Workers’ Compensation Attorney

 

When to Seek Legal Help

 

Navigating a workers’ compensation claim is often more complex than it initially appears. Here are some instances where having an attorney can be particularly beneficial:

  • Your claim is denied
  • Your benefits are terminated
  • You are pressured to return to work before you are medically ready
  • Your employer engages in retaliatory actions after your claim
  • You are entitled to a settlement
  • There are third-party claims involved

How an Injury Attorney Can Help

 

Experienced workers’ compensation attorneys can assist you in a variety of ways:

  • Ensuring you meet all deadlines and filing requirements.
  • Gathering evidence and building a strong case for your injury.
  • Negotiating with the insurance company to obtain the best settlement possible.
  • Representing you at hearings or trials.

Workers’ Compensation for Commuting Injuries

 

Injuries you sustain during your commute can become complex in workers’ compensation cases. Remember there are exceptions to the “going and coming” rule. With proper documentation and legal assistance, you may be eligible for benefits.

If you’re unsure if your injury qualifies, contact a knowledgeable workers’ compensation attorney for guidance. Your health and finances are crucial, and legal support can significantly boost your chances of getting the compensation you deserve. The law supports you, and with the right approach, you can safeguard your rights.

Contact us today.  We can help.

 

 

If you’ve been injured on the job in Ohio, you may be entitled to workers’ compensation benefits.  That’s where a knowledgeable workers’ comp lawyer in Ohio can help. When searching for a “workers comp attorneys near me” look for further than Gallon, Takacs & Boissoneault.

Call us at 419-843-6663 to get started, or use our easy online contact form today.

Get a free consultation with one of our experienced Ohio workers’ comp lawyers at Gallon, Takacs & Boissoneault for peace of mind. During these consultations, you’ll get guidance on legal options, case evaluations, and potential compensation. Rest assured that accident victims get legal assistance without any financial cost. Also, we handle Injury cases on a contingency fee basis, so you only pay fees if we recover compensation successfully for you.