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The Coming and Going Rule in Workers’ Compensation Claims

Burdine & Brown Feb. 25, 2022

This Rule should apply to politicians in Congress. I would like to see many of them go and not return. But that is the subject of another blog.

This Rule in workers’ compensation claims has been around for many years. It allows the employers and insurance companies from having to pay workers’ compensation benefits to an employee who was injured during their work commute. This would actually make sense. Can you imagine how many people would file a workers’ compensation claim when they are on their way to work and get in automobile accident. These numbers would be huge. I would be able to retire and live in Hawaii, if that was the case.

If you are on the way to your job in your own car and you are involved in an automobile accident, that is not considered a job injury. However, if you are driving the company car and you were given the express permission to drive the company car, to take it home every day and drive it to work every day and if you are involved in an automobile accident driving the company car, the odds of having a job injury case are very high.

If you are on the job and even in your car but you are asked by your boss or supervisor to go to the bank for the company you work for, or you have to travel in your own car from one job site to another, that would be considered a job injury, if you were involved in an automobile accident.

If you are on a business trip and must travel to another city or out of state for your company, and you are involved in an automobile accident, that will be considered a job accident as well.

These types of cases are fact intensive, which means that one needs to seriously examine every case to determine exactly where the injured person was at the time of the accident, what were they doing and what position were they having with the company.

All these facts and many more would need to be taken into consideration when attempting to file a workers’ compensation claim for benefits. This is the type of work I do every day. If you have a similar job injury you can call me, and I have the expertise and willingness to help you.