It is fairly well known that the workers’ compensation program provides financial benefits to employees if they sustain an injury while at work. There are some circumstances however that may arise that present a gray area as to whether or not workers’ comp coverage applies. One such instance is with regards to commuting too and from work and if an accident or other injury would warrant a claim.
The majority of the time, commuting from work to home or vice versa is not covered under workers’ compensation. It may be tempting to think that, since you wouldn’t be on the road otherwise, such a time would fall under the criteria for workers’ compensation. However, there is a clause in every workers’ comp state law calling the “coming and going rule” that excepts this.
There are a few notable exceptions to this rule however. If traveling is part of the employee’s job and they are injured in the course of this travel, they are then eligible for workers’ compensation. For example, truck drivers and salespeople who travel to different locations would fall under this category. This is also true for business trips and if employees are “on call” and are called in, even if they are not immediately working at the time of the incident. Finally, if the individual is running a work-related errand even while on a break or lunch, he or she may be eligible for workers’ compensation as well.
For the most part, those on the home-work trajectory do not have the ability to receive workers’ compensation, but if you have been injured and fall under one of the circumstances noted above, you may indeed be eligible for workers’ compensation. If this is denied of you, contact us at the Franco Law Firm and we can discuss your options for a workers’ comp lawsuit to help you claim the benefits you deserve. We can be reached at (813) 872-0929.