Injury During the Commute to Work; Work Travel
The Going and Coming Rule precludes injuries during the regular and ordinary commute to and from work noncompensable, i.e. not a valid workers compensation injury.
However, numerous exceptions to this rule exist. The exceptions include:
Required Vehicle: If your work requires you to use your own vehicle for work, then injuries happening in the commute to work are likely compensable. For example, a requirement from the employer that an employee have their own vehicle in order to make client visits.
Commercial Traveler: If the injury occurred during the span of a work trip, even if it is out of state, could be compensable and a valid workers compensation injury. For example, an injury that happens during a work convention or work trip. The commercial traveler exception applies from departure for the work trip to return.
Special Mission: If the injury occurred while going or coming from work while completing a task or errand that falls under typical duties of a worker or if it is an errand tasked by a supervisor, then it could be compensable. For example, an injury that happens while driving somewhere at the direction of the employer before work.
Special Risk: This is applicable when an injury occurs when the worker is exposed to a special risk or danger during their normal commute to work, such as exposure to hazardous chemicals or traveling a dangerous dirt road to a job site.
If you were injured during the commute to or from work, or injured during a work trip, and the insurance company is disputing or denying your case, contact Ferchland Law Office today for a free consultation to protect your rights.
However, numerous exceptions to this rule exist. The exceptions include:
Required Vehicle: If your work requires you to use your own vehicle for work, then injuries happening in the commute to work are likely compensable. For example, a requirement from the employer that an employee have their own vehicle in order to make client visits.
Commercial Traveler: If the injury occurred during the span of a work trip, even if it is out of state, could be compensable and a valid workers compensation injury. For example, an injury that happens during a work convention or work trip. The commercial traveler exception applies from departure for the work trip to return.
Special Mission: If the injury occurred while going or coming from work while completing a task or errand that falls under typical duties of a worker or if it is an errand tasked by a supervisor, then it could be compensable. For example, an injury that happens while driving somewhere at the direction of the employer before work.
Special Risk: This is applicable when an injury occurs when the worker is exposed to a special risk or danger during their normal commute to work, such as exposure to hazardous chemicals or traveling a dangerous dirt road to a job site.
If you were injured during the commute to or from work, or injured during a work trip, and the insurance company is disputing or denying your case, contact Ferchland Law Office today for a free consultation to protect your rights.