Workers' Comp and the "Going and Coming" Rule

The “going and coming” rule generally excludes workers’ compensation coverage for injuries sustained while commuting to or from work. Exceptions exist for situations like traveling in a company vehicle, performing special errands, or working in roles that require regular travel.

The going and coming rule relates to workers’ compensation laws. It determines whether workers can get benefits if they’re injured during a commute to and from work. In general, most commuting workers’ compensation claims are denied. Travel is not considered part of the regular “course of employment” or as arising out of employment.

If you get in a car accident on your way to work, the insurance company usually won’t count that as a workplace injury. You would need an injury lawyer to help you get medical expenses in a personal injury case instead. However, some exceptions apply.

This article provides an overview of the going and coming rule in workers’ compensation. Understanding the exceptions can help you determine whether your injury qualifies for workers’ comp benefits. A  workers’ comp attorney in your area can also review the circumstances of your injury and explain available protections.

The Going and Coming Rule of Workers’ Compensation

Employers must cover an employee’s losses from a work-related injury. This includes medical bills and missed time at work. To qualify for workers’ compensation, a work-related injury doesn’t have to happen in the office or on the job site. For example, an injury at a work-sponsored party at a bowling alley would be covered.

Under the going and coming rule, workers’ compensation benefits don’t apply to injuries sustained while commuting to or from work. Lawmakers didn’t intend for the going and coming rule to cover a daily commute.

In certain situations, the law considers driving from Point A to Point B work-related. Driving to multiple job sites within a shift isn’t considered going and coming, and workers’ comp usually covers any resulting injuries.

Exceptions to the Going and Coming Rule

Most injuries during a regular commute aren’t covered, but certain exceptions can make travel count as work-related. Whether an exception applies depends on your specific circumstances and is decided by courts or workers’ compensation boards. We’ve gathered the distinctions in the table below:

Some of these exceptions are written directly into state law. Florida’s workers’ compensation statute excludes commuting injuries from coverage unless the employee was on a special errand or mission for the employer. California courts have similarly held that a commute falls outside coverage only in the absence of special or extraordinary circumstances, and California’s Workers’ Compensation Appeals Board continues to apply a multi-factor test to decide whether a particular trip counts as a special errand or special mission.

In addition to special errand exceptions, many states recognize a “special risk” or “special hazard” exception. This applies when a commute exposes an employee to a danger unique to their job and not a risk shared by the general public. For an injury to be considered compensable, it must occur in the course and scope of employment. In fatal injuries, this could include death benefits, which help cover funeral expenses and a portion of a dependent’s lost income.

How Going and Coming Rule Exceptions Vary by State

Each state sets workers’ compensation laws, and the going and coming rule follows that pattern. Most states recognize key exceptions, such as special errands, company vehicles, or job-required travel, but courts and workers’ compensation boards can apply them differently.

Some states interpret the going and coming rule narrowly, allowing only a few exceptions. For example, North Carolina generally applies the rule to ordinary commutes, but it recognizes exceptions when travel is a required part of the job. Other states look at factors such as who controls the route, whether safer options were available, and how close the injury was to the workplace.

In California, courts have recognized many exceptions, making the rule less predictable. This includes the doctrine known as the premises line rule. Under this California law, employment relationships generally begin once a worker enters the employer’s premises, even before the start of their shift. Courts often interpret the special risk exception differently depending on the facts of each case.

Understanding Workers’ Compensation Laws and Policies

Workers’ compensation laws can be complex. Understanding the specifics of these laws, such as the Workers’ Compensation Act and the going and coming rule, can help you know your rights as a worker. What qualifies as a workplace injury versus a personal injury can be confusing, so don’t hesitate to seek legal advice to understand the differences if you get hurt.

What To Do If Your Workers’ Comp Claim Is Denied

If your claim is denied under the going-and-coming rule, you still have options. Insurers and employers may apply the rule broadly, even when an exception could apply. Most states let you appeal a denied workers’ compensation claim, but the process and deadlines depend on your state. For example, New York requires an application for Board review within 30 days of a judge’s decision, while in Colorado, a petition for review of an Industrial Claim Appeals Office final order must be filed in the state court of appeals within 20 days after the certificate of mailing, with 21 days to appeal a final order. Deadlines and agencies vary by state.

If a claim is denied, gather documentation supporting an exception before appealing. Helpful evidence may include:

• Emails, texts, or written instructions from a supervisor showing you were asked to run an errand or travel for work
• Timesheets or pay records showing you were paid for travel time
• Vehicle logs or mileage records if you were driving a company vehicle or between job sites
• Photos or incident reports documenting a hazard on your commute route

A workers’ compensation attorney can help determine which exception may apply, collect the right evidence, and represent you during an appeal. Missing an appeal deadline can end your right to benefits, so act quickly after a denial.

An Attorney Can Help You Understand the Going and Coming Rule

It’s not always clear whether workers’ compensation covers an injury that seems work-related. If any of the above exceptions to the going and coming rule apply to your injury, you may have a claim for benefits.

You might need a workers’ compensation lawyer if you’re injured in a car accident while going to or coming from work. These lawyers specialize in workers’ compensation laws and can help you understand your rights. A workers’ compensation attorney can guide you through the process and help you understand whether any exceptions apply to your case.

FindLaw’s directory of workers’ comp attorneys can connect you with qualified legal help in your area. Select your state or city to review contact and ratings information for local experts. Your search results will also link you to additional details about the attorneys’ experience with complicated workers’ comp and disability claims.