You’re driving to work, and you’re T-boned in an intersection. Now, you’re injured, your car is damaged, and you’re going to have to take time off from work. The accident technically wouldn’t have happened if you weren’t scheduled to work this day, but you also weren’t on duty when it occurred, so does it still count as a job-related injury?
New York’s “Coming and Going” rule defines everything you need to know about injuries during your commute. If you need additional help determining whether you qualify for benefits, we recommend speaking with a workers’ compensation attorney in New York about your case.
The “Coming and Going” Rule: What Is It?
Every year, millions of people are injured in car accidents. More specifically, over 100,000 New Yorkers visit emergency departments each year from injuries that occur in traffic accidents. Many of these accidents take place during everyday commutes to work, leaving people to wonder about their compensation options.
The “Coming and Going” rule is a key aspect of New York workers’ compensation law. In simple terms, it generally states that injuries sustained while traveling to or from your regular workplace are not considered work-related and are typically not covered by workers’ compensation. The rationale behind this rule is straightforward: The commute is seen as a personal activity, separate from your job duties, even though the trip is required for work.
So, if you’re simply driving, walking, or taking public transportation to your job and something happens along the way, it usually falls outside the scope of workers’ compensation. This New York law is intended to draw a clear line between the time you spend working and the time you spend traveling. Understanding this distinction is crucial because it affects whether your injury would be eligible for benefits.
Exceptions to the “Coming and Going” Rule Explained by a Lawyer for Workplace Injuries
While the general “Coming and Going” rule excludes many commuting injuries from workers’ compensation coverage, there are important exceptions that can change how the law applies. Not all travel on the way to or going home from work is automatically excluded, and certain circumstances can make an injury eligible for workers’ compensation benefits. Understanding these exceptions is crucial for determining whether your case may qualify for workers’ compensation.
“Special” Errands
If you’re injured while completing a task or errand on behalf of your employer during your commute, your injury may be covered. This could include stopping at a supplier to pick up materials, delivering documents to a client, or running other business-related errands on your way to or from your main worksite. These situations are considered extensions of your work duties rather than personal travel.
Employer-Provided Transportation
In cases where an employer provides transportation for commuting, such as a company car or shuttle service, injuries that occur during this commute may qualify for workers’ compensation. Because the employer is supplying the vehicle and the route is tied to work, the courts often view these accidents differently from standard commuting incidents.
In a recent survey conducted by Mercer with 721 employers, 18% of the respondents with a minimum of 500 employees stated that they provide some form of transportation or plan to in the next year; 21% of the employers with over 5,000 workers stated the same.
Traveling Workers
Some employees, like construction workers, field technicians, or home health aides, travel between multiple work sites throughout the day. Injuries that occur during this work-related travel may be covered, as commuting for these workers is considered part of their job responsibilities rather than a personal trip. For example, if you’re injured in a car accident while driving from a job site to a supplier to pick up materials, you may be covered.
Injuries on Premises After or Before Shifts
An injury that happens on company property, even before your official shift begins or after it ends, may still qualify for workers’ compensation. This can include accidents in parking lots, while entering or exiting the building, or while performing work-related activities before clocking in or after clocking out.
For example, if you slip on ice in the company parking lot while walking into work before your shift starts, this injury could be eligible for coverage.
Does Your Job-Related Injury Count?
Determining whether an injury counts as work-related under New York’s workers’ compensation law can be more complicated than it seems. While the “Coming and Going” rule provides a general guideline, your eligibility for benefits depends on the specific circumstances surrounding your accident. Simply being on your way to or going home from work usually means the injury is not covered, but as we’ve discussed, certain exceptions can make a significant difference.
To figure out whether your injury qualifies, it’s important to consider several factors:
- The location of the accident
- Whether you were performing work-related tasks
- Whether your employer provided transportation
- Whether you were on company property at the time
Even small details, like stopping for a work errand or traveling between multiple job sites, can affect coverage.
Another key point is timing. Injuries that occur right before your shift begins, immediately after your shift ends, or during temporary work assignments may still be considered job-related. Employers and insurance carriers often scrutinize these situations carefully, so documenting the circumstances thoroughly and seeking professional guidance can be helpful.
Ultimately, understanding how your injury fits within the “Coming and Going” rule and its exceptions will help ensure you are able to pursue the benefits you are entitled to. Consulting a knowledgeable workers’ compensation attorney in New York can also help you clarify your eligibility if you’re unsure.
Meet With a Workers’ Compensation Lawyer in New York Today To Discuss Your Claim
The “Coming and Going” rule can make it challenging for injured workers to access the benefits they need to recover. At Pyrros, Serres & Rupwani, we help injured workers apply for workers’ compensation after suffering job-related injuries. We can evaluate your case to determine whether an occupational risk contributed to your accident.
Learn more about New York workers’ compensation cash benefits, eligibility requirements, and more by contacting us at (718) 626-7730.
FAQs Answered by a Workers’ Compensation Attorney in New York
Commuting injuries can raise a lot of questions about the qualifications for workers’ compensation. This section on frequently asked questions aims to provide clear answers to help you better understand how the law might apply to your situation.
What Should I Do Immediately After a Commuting Injury?
If you are injured while commuting, it’s important to document the accident and your injuries right away. Notify your employer, seek medical attention, and keep records of any expenses or lost time to support your potential workers’ compensation claim.
What Is the “Coming and Going” Rule?
The “Coming and Going” rule generally states that injuries sustained while traveling to or from your regular workplace are not considered work-related. It is designed to separate personal commuting from job duties for purposes of workers’ compensation coverage.
What Are the Exceptions to the “Coming and Going” Rule?
Certain situations can make commuting injuries eligible for workers’ compensation coverage, such as performing work-related errands, traveling between job sites, using employer-provided transportation, or getting injured on company property before or after a shift. Each exception is focused on whether the travel or activity was directly tied to your work duties.
Am I Covered if I Get Hurt on My Way to Work?
Injuries during a normal commute are generally not covered under workers’ compensation. Coverage may apply if your commute involves one of the exceptions, like a work errand or employer-provided transportation.
