Car accidents are a very real threat for workers, potentially leading to many injuries. For some of these drivers, it is clear that they are covered by workers’ comp laws. Say that someone is a delivery driver or a commercial truck driver, and they are on the clock when they get involved in a crash. Even though another driver may have caused the accident, they could still seek workers’ comp benefits.
But this does not always apply. There is something known as the going and coming rule, which essentially disqualifies drivers who are just in the midst of their commute. This rule has been used to define that a commute does not qualify for workers’ comp benefits, in most cases. Even though the person has to drive to their place of employment, they are still technically on personal time until they get there and clock in so that they can begin performing the duties and tasks related to their job. Prior to that, they are not covered.
Are there any exceptions?
Yes. If you have been involved in a car accident, it is important to know that there are sometimes exceptions to this rule.
One example is if you have to drive in the middle of the day, such as commuting from one job site to the next if you are part of a roofing crew or a painting crew. These types of small drives likely still do qualify for workers’ comp benefits.
Another example would be if your boss asked you to do something important during your commute that was directly related to your employment. Maybe you work in the shipping and receiving department of a warehouse, and your boss needs you to pick up boxes or envelopes and bring them with you on the way to work. Because you have been given this task, the rest of your commute now likely qualifies for workers’ comp benefits if you are injured in an accident.
These cases can be complex, so be sure you know exactly what legal steps to take and what rights you have.
