If you suffer an injury on the job or while performing work-related duties offsite, medical bills and lost income are covered by workers’ compensation benefits. But what happens if an employee sustains an injury during his/her morning or evening commute?
The “going and coming” rule states that workers’ comp benefits do not apply to injuries resulting from an accident while commuting. While you could argue that your daily commute is work-related, technically driving to work is not within the scope of your employment.
However, the following are some exceptions to this rule:
- Special missions – Let’s say your boss asks you to pick up coffee for the office on your way to work in the morning. Since you are performing this task for the benefit of your employer, this example is considered a “special mission.” If you are injured while performing a special mission during your commute, you may be eligible for workers’ compensation.
- Business trips – Whether you are required to visit another office in town or another city, work-related trips are covered by workers’ compensation. For instance, you are driving from your hotel to a meeting with a client and a motorist collides with your vehicle. Since you are on your way to conduct business, workers’ comp benefits are available.
- Company vehicles – Although commuting to and from a fixed location may only be covered by workers’ comp, there are many companies who provide benefits for simply driving a vehicle decorated with the company’s logo.
- Parking lot injuries – Company-owned property not only include the office or building, but also the sidewalks, grassy areas, and the parking lot. Whether you are just getting into work or leaving for the evening, if you sustain an injury while on company grounds, you are eligible for workers’ comp benefits.
If you have been injured in a workplace accident in Nassau County, contact Foley Griffin, LLP today at (888) 966-8480 and request a free case evaluation.