In a general sense, you usually cannot get workers’ comp benefits for an accident that happens during your commute. If you are driving to work in the morning or driving home at the end of your shift, that time is excluded from workers’ comp benefits under the going-and-coming rule.
The way that this rule works is simply that you are required to be on the clock and performing duties related to your job in order to qualify for workers’ comp. Drivers may argue that they would not have been on the road if they did not have to commute to their place of employment, but that still does not mean that they were actively doing their job during the commute. As such, their right to workers’ comp benefits begins when they arrive at work and ends when they clock out.
Are there any exceptions?
Yes, there are some exceptions. For instance, certain workers have to drive between job sites during the day. This is similar to commuting, but car accidents during these drives would typically be covered because the worker is still on the clock.
Another exception is if workers are told to do something that is a work-related duty during their commute. For instance, perhaps you work in shipping and receiving, and your boss has you stop once a week to pick up packaging materials on the way in. If you get into an accident after making that pickup, you may deserve workers’ comp benefits because you were acting in an official capacity during the commute.
It is very important to understand when and how workers’ comp benefits apply. If you have been injured on the job, it can help to have an experienced attorney on your side.