{"id":353589,"date":"2016-04-04T10:47:02","date_gmt":"2016-04-04T15:47:02","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/injury\/workers-compensation\/the-going-and-coming-rule.html"},"modified":"2026-09-28T11:13:48","modified_gmt":"2026-09-28T16:13:48","slug":"the-going-and-coming-rule","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/workers-compensation\/the-going-and-coming-rule.html","title":{"rendered":"Workers’ Comp and the “Going and Coming” Rule"},"content":{"rendered":"\n
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Workers' Comp and the "Going and Coming" Rule<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n
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The “going and coming” rule is a workers’ compensation legal doctrine stating that injuries sustained by an employee during their normal commute to or from work are generally excluded from coverage. Benefits may apply if an exception occurs, such as traveling in a company vehicle<\/span>, running a special errand, or encountering a job-related special risk.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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The \u201cgoing and coming\u201d rule generally excludes workers\u2019 compensation coverage<\/span> for injuries sustained while commuting to or from work<\/span>. Exceptions exist for situations like traveling in a company vehicle<\/span>, performing special errands, or working in roles that require regular travel.<\/p>\n

The going and coming rule<\/span> relates to workers’ compensation laws. It determines whether workers can get benefits if they’re injured during a commute to and from work<\/span>. 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<\/span>.<\/p>\n

If you get in a car accident on your way to work, the insurance company usually won\u2019t count that as a workplace injury<\/span>. You would need an injury lawyer<\/a> to help you get medical expenses<\/span> in a personal injury case<\/span> instead. However, some exceptions apply.<\/p>\n

This article provides an overview of the going and coming rule<\/span> in workers\u2019 compensation. Understanding the exceptions can help you determine whether your injury qualifies for workers\u2019 comp benefits. A\u00a0 workers\u2019 comp attorney<\/a> in your area can also review the circumstances of your injury and explain available protections.<\/p>\n

The Going and Coming Rule<\/span> of Workers\u2019 Compensation<\/h2>\n

Employers must cover an employee\u2019s losses from a work-related injury<\/span>. This includes medical bills and missed time at work. To qualify for workers\u2019 compensation<\/a>, a work-related injury<\/span> doesn\u2019t 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.<\/p>\n

Under the going and coming rule<\/span>, workers\u2019 compensation benefits<\/span> don\u2019t apply to injuries sustained while commuting to or from work<\/span>. Lawmakers didn\u2019t intend for the going and coming rule<\/span> to cover a daily commute<\/a>.<\/p>\n

In certain situations, the law considers driving from Point A to Point B work-related. Driving to multiple job sites<\/span> within a shift isn\u2019t considered going and coming, and workers’ comp usually covers any resulting injuries.<\/p>\n

Exceptions to the Going and Coming Rule<\/span><\/h2>\n

Most injuries during a regular commute aren\u2019t 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\u2019 compensation boards. We’ve gathered the distinctions in the table below:<\/p>\n\n\n\n\n\n\n\n
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Exception<\/strong><\/p>\n<\/td>\n

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When It Applies<\/strong><\/p>\n<\/td>\n

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Example<\/strong><\/p>\n<\/td>\n<\/tr>\n

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Special Errand<\/strong><\/p>\n<\/td>\n

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You are traveling to or from a location to complete a specific task for your employer, outside of your normal commute.<\/span><\/p>\n<\/td>\n

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Your manager asks you to pick up a client gift on your way home.<\/span><\/p>\n<\/td>\n<\/tr>\n

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Company Vehicle<\/strong><\/p>\n<\/td>\n

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You’re required to use a company-provided vehicle for your commute, or your employer pays for your travel time.<\/span><\/p>\n<\/td>\n

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You drive a company-owned van and get into an accident on the way to the first job site of the day.<\/span><\/p>\n<\/td>\n<\/tr>\n

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Travel as a Job Duty<\/strong><\/p>\n<\/td>\n

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Your work inherently involves travel, such as a traveling salesperson, truck driver, or service technician.<\/span><\/p>\n<\/td>\n

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A home health aide is injured in an accident while driving between patients’ homes.<\/span><\/p>\n<\/td>\n<\/tr>\n

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Employer-Controlled Property<\/strong><\/p>\n<\/td>\n

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Your injury occurs on property owned, maintained, or controlled by your employer, even if you haven’t clocked in yet.<\/span><\/p>\n<\/td>\n

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You slip on an icy patch in the company parking lot or on the steps leading into the building.<\/span><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Some of these exceptions are written directly into state law. Florida’s workers’ compensation statute<\/a> 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<\/a>, and California’s Workers’ Compensation Appeals Board continues to apply a multi-factor test<\/a> to decide whether a particular trip counts as a special errand or special mission<\/span>.<\/p>\n

In addition to special errand exceptions<\/span>, 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<\/span>, it must occur in the course and <\/span>scope of employment<\/span>. In fatal injuries, this could include death benefits<\/span>, which help cover funeral expenses and a portion of a dependent’s lost income.<\/p>\n

How Going and Coming Rule<\/span> Exceptions Vary by State<\/h2>\n

Each state sets workers\u2019 compensation laws, and the\u00a0going and coming rule<\/span>\u00a0follows that pattern. Most states recognize key exceptions, such as special errands,\u00a0company vehicles<\/span>, or job-required travel, but courts and workers\u2019 compensation boards can apply them differently.<\/p>\n

Some states interpret the going and coming rule<\/span> 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.<\/p>\n

In California, courts have recognized many exceptions, making the rule less predictable. This includes the doctrine known as the premises line rule<\/span>. Under this California law, employment relationships generally begin once a worker enters the employer\u2019s premises<\/span>, even before the start of their shift. Courts often interpret the special risk exception differently depending on the facts of each case.<\/p>\n

Understanding Workers\u2019 Compensation Laws and Policies<\/h2>\n

Workers’ compensation laws can be complex. Understanding the specifics of these laws, such as the Workers’ Compensation Act and the going and coming rule<\/span>, can help you know your rights as a worker. What qualifies as a\u00a0workplace injury<\/span>\u00a0versus a personal injury can be confusing, so don\u2019t hesitate to\u00a0seek legal advice<\/a>\u00a0to understand the differences if you get hurt.<\/p>\n

What To Do If Your Workers’ Comp Claim Is Denied<\/h2>\n

If your claim is denied under the\u00a0going-and-coming rule<\/span>, 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\u2019 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<\/a>, 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<\/a>. Deadlines and agencies vary by state.<\/p>\n

If a claim is denied, gather documentation supporting an exception before appealing. Helpful evidence may include:<\/p>\n