When does “your time” end and “your employer’s time” begin? This is an important question if you happen to get injured and hope to have workers’ compensation benefits cover your medical care and lost wages.
The “going and coming” rule states that workers’ compensation is generally not available for injuries suffered while you are traveling to and from your workplace. Employees are usually considered to be “on their own time” during the commute in both directions (even if it doesn’t feel that way). However, there are exceptions, including the following.
Special missions and errands
If your boss forgets the keys to the shop and sends you to their house to pick them up or asks you to drop off the daily deposit at the bank on your way home and you happen to get into a car wreck, you may qualify for workers’ compensation. Since your boss sent you a mission or asked you to run an errand on their behalf, your commute may still be considered part of your job duties.
Traveling for work
Some employees are required to travel as part of their jobs – including salespeople, insurance adjusters, appraisers, delivery drivers and repair techs. Others are required to attend conferences, trade shows and out-of-town meetings for work.
If you are one of these workers (or any other with similar responsibilities) and you get hurt while traveling to or from a site, you will likely still be eligible for workers’ compensation.
Working from home
Lots of office workers now work from home or do a hybrid job (where they work from home at times and in the office other times). If they’re injured during their work hours while performing work-related activities in their home office, they may still be entitled to benefits. For example, a worker who falls out of their chair while taking a business call may have a claim, even though they weren’t in a traditional workplace setting.
Premises line rule
The premises line rule applies whenever a worker is injured on their employer’s property (or on property controlled by their employer) even if they haven’t officially started working or have already ended their day.
For example, if an employee clocks out and is hit by an errant forklift driver while leaving the warehouse floor, they will likely still be entitled to workers’ compensation because they were still on their employer’s property.
If you believe that you have a worker’s compensation claim but your employer says you don’t because of the “going and coming” rule, it may be wise to seek legal guidance. This can help you protect your rights.