Commuting to and from work is part of daily life, but what happens if you get injured along the way? Our New York workers’ compensation lawyers explain the “coming and going” rule, the exceptions that may apply, and other legal options you might have if your commute-related injury isn't covered below.
Does Workers’ Comp Cover Travel to and From Work?
The answer is typically no, workers’ compensation in New York doesn’t cover injuries that happen while you’re commuting to and from work. This is because of what’s known as the “coming and going” rule, which treats your commute as personal time rather than work time.
What Is the "Coming and Going" Rule?
The idea behind the “coming and going” rule is that your employer doesn’t control how you get to work, which route you take, or how long your commute takes, so they’re generally not responsible for what happens during that time.
For example, if you’re in a car accident on the way to the office, you typically wouldn’t qualify for workers’ comp benefits. The same goes for slipping and falling in a public parking lot after work; since you’re off the clock and on your own time, it’s not considered a work-related injury.
Are There Exceptions to the “Coming and Going” Rule?
While the "coming and going" rule generally excludes commute-related injuries, there can be exceptions. In certain situations, you could still qualify for benefits depending on the details of how and where the injury happened.
Special Errands
If your employer asks you to run a work-related errand on your way to or from work, an injury that happens during that trip may be covered. For instance, if your supervisor asks you to pick up office supplies and you get hurt while doing it, that could qualify for workers’ compensation.
Company Vehicles
You might also be covered if you’re driving a company-owned or leased vehicle for work purposes, even if it’s during your usual commute. That said, you’ll have to have been using the car for job-related reasons, not just personal travel.
Traveling Employees
Workers who travel between multiple job sites, like construction crews or sales representatives, are usually covered while driving from one location to another. In these cases, travel is considered part of the job, not personal commuting time.
Injuries on Employer Properties
If you’re hurt on your employer’s property, like slipping and falling in the company parking lot before or after your shift, that could also fall under workers’ compensation. Since the injury happened on workplace grounds, it may be considered job-related.
How Will I Know If My Workers' Comp Will Cover My Commute Injury?
If you’ve been hurt on your way to or from work and aren’t sure whether you qualify for benefits, speaking with a workers’ comp attorney is probably in your best interest. A lawyer can look at the details of your situation and explain whether any exceptions to the “coming and going” rule might apply.
Documenting Your Injury
Make sure to document everything right away if you think your injury could be work-related. This includes:
- Where and when it happened: Write down the exact location, date, and time of the incident.
- What you were doing: Describe what you were doing at the moment of the injury, especially if it involves a work-related task.
- Any instructions from your employer: If your employer asked you to complete a specific errand or task, make a note of that, too.
Having clear, detailed records can make a big difference and help support your claim if you decide to move forward with workers’ compensation.
Does Workers’ Comp Cover Travel to and From Work?
The answer is typically no, workers’ compensation in New York doesn’t cover injuries that happen while you’re commuting to and from work. This is because of what’s known as the “coming and going” rule, which treats your commute as personal time rather than work time.
What Is the "Coming and Going" Rule?
The idea behind the “coming and going” rule is that your employer doesn’t control how you get to work, which route you take, or how long your commute takes, so they’re generally not responsible for what happens during that time.
For example, if you’re in a car accident on the way to the office, you typically wouldn’t qualify for workers’ comp benefits. The same goes for slipping and falling in a public parking lot after work; since you’re off the clock and on your own time, it’s not considered a work-related injury.
Are There Exceptions to the “Coming and Going” Rule?
While the "coming and going" rule generally excludes commute-related injuries, there can be exceptions. In certain situations, you could still qualify for benefits depending on the details of how and where the injury happened.
Special Errands
If your employer asks you to run a work-related errand on your way to or from work, an injury that happens during that trip may be covered. For instance, if your supervisor asks you to pick up office supplies and you get hurt while doing it, that could qualify for workers’ compensation.
Company Vehicles
You might also be covered if you’re driving a company-owned or leased vehicle for work purposes, even if it’s during your usual commute. That said, you’ll have to have been using the car for job-related reasons, not just personal travel.
Traveling Employees
Workers who travel between multiple job sites, like construction crews or sales representatives, are usually covered while driving from one location to another. In these cases, travel is considered part of the job, not personal commuting time.
Injuries on Employer Properties
If you’re hurt on your employer’s property, like slipping and falling in the company parking lot before or after your shift, that could also fall under workers’ compensation. Since the injury happened on workplace grounds, it may be considered job-related.
How Will I Know If My Workers' Comp Will Cover My Commute Injury?
If you’ve been hurt on your way to or from work and aren’t sure whether you qualify for benefits, speaking with a workers’ comp attorney is probably in your best interest. A lawyer can look at the details of your situation and explain whether any exceptions to the “coming and going” rule might apply.
Documenting Your Injury
Make sure to document everything right away if you think your injury could be work-related. This includes:
- Where and when it happened: Write down the exact location, date, and time of the incident.
- What you were doing: Describe what you were doing at the moment of the injury, especially if it involves a work-related task.
- Any instructions from your employer: If your employer asked you to complete a specific errand or task, make a note of that, too.
Having clear, detailed records can make a big difference and help support your claim if you decide to move forward with workers’ compensation.
Are There Other Legal Avenues I Can Pursue?
If your injury doesn’t qualify for workers' compensation, that doesn’t necessarily mean you’re out of options. You may still be able to pursue a third-party claim depending on how the injury happened.
Third-Party Claims for Commuting Accidents
If someone else’s negligence caused your injury, such as another driver in a car accident, you might be able to file a personal injury claim against the person. This type of claim can often provide compensation for losses that workers’ comp doesn’t cover, including:
- Full lost wages: Workers’ comp usually only covers part of your income, but a personal injury claim can help recover your full lost wages.
- Pain and suffering: You may be entitled to compensation for physical pain, emotional distress, and the impact the accident has had on your life.
- Medical expenses: A third-party claim can cover all medical costs related to your injury, not just what’s covered under workers’ comp.
Premises Liability Claims
You could have a premises liability claim if your injury happened on someone else’s property, like a parking garage, train station, or another public area. Property owners are responsible for keeping their spaces reasonably safe. If unsafe conditions led to your injury, they may be held legally accountable.
Are There Other Legal Avenues I Can Pursue?
If your injury doesn’t qualify for workers' compensation, that doesn’t necessarily mean you’re out of options. You may still be able to pursue a third-party claim depending on how the injury happened.
Third-Party Claims for Commuting Accidents
If someone else’s negligence caused your injury, such as another driver in a car accident, you might be able to file a personal injury claim against the person. This type of claim can often provide compensation for losses that workers’ comp doesn’t cover, including:
- Full lost wages: Workers’ comp usually only covers part of your income, but a personal injury claim can help recover your full lost wages.
- Pain and suffering: You may be entitled to compensation for physical pain, emotional distress, and the impact the accident has had on your life.
- Medical expenses: A third-party claim can cover all medical costs related to your injury, not just what’s covered under workers’ comp.
Premises Liability Claims
You could have a premises liability claim if your injury happened on someone else’s property, like a parking garage, train station, or another public area. Property owners are responsible for keeping their spaces reasonably safe. If unsafe conditions led to your injury, they may be held legally accountable.
Key Takeaways
- Most injuries that happen during your commute are not covered by workers’ compensation.
- Certain situations, like work errands or using a company vehicle, may qualify for coverage.
- Consulting an experienced attorney can help you understand your rights and explore all possible avenues for compensation.
Wondering If the “Coming and Going” Rule Applies to Your Case?
At Field Law Group, we know how complicated workers’ compensation claims can get, and we’re here to help. Our experienced personal injury lawyers can review your case and explain your options.
Have questions? Call 212-739-7278 or contact us today for a FREE, no-obligation consultation! Let us be your trusted ally in getting the compensation you deserve.
✓ Content checked by the experienced attorneys at Field Law Group.
About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve.
Wondering If the “Coming and Going” Rule Applies to Your Case?
At Field Law Group, we know how complicated workers’ compensation claims can get, and we’re here to help. Our experienced personal injury lawyers can review your case and explain your options.
Have questions? Call 212-739-7278 or contact us today for a FREE, no-obligation consultation! Let us be your trusted ally in getting the compensation you deserve.
✓ Content checked by the experienced attorneys at Field Law Group.
About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve.
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania