As a general rule, if you get injured during your commute to work, you are not going to be covered by workers’ comp benefits. If another driver runs a stop sign and you get injured in a car accident, for example, you certainly may be able to pursue compensation through a personal injury claim. But your employer is not going to pay workers’ comp benefits, even though you were driving to work at the time.
The reason for this is the going and coming rule. It essentially establishes a system where workers are covered for compensation when they are on the clock and/or performing the duties they have been assigned as an employee. Since a commute falls outside of those parameters, workers are still on their personal time and cannot seek workers’ comp benefits for an injury.
Exceptions to consider
As with most rules, there are some exceptions to keep in mind. Notably, if you are given job-related duties during your commute, then you may deserve workers’ comp benefits. An example could be picking up supplies before you get into the office in the morning. If it is related to your employment, then you are acting as an employee.
Another exception is if you are driving during the day and it is a necessary component of your employment. Say that you work for a roofing crew that finishes up a job and moves to the next property. If you get into a car accident while driving to the second job site, you may be covered by workers’ comp benefits. This is much different from your initial commute to or from the office.
Car accidents do injure workers frequently, and it is important for them to know when they qualify for workers’ comp benefits and what steps to take.