Remote work is on the rise. However, on-site work and travel remain vital in many fields. Workers who commute to their workplaces face travel injury risks. Does that mean your employer must compensate you for injuries sustained while traveling to and from your office? The answer is usually, “no.”
However, the going-and-coming rule related to workers’ compensation helps determine whether you qualify. Understanding this rule is necessary for employees who must travel often, but even workers who don’t fall into that category could be eligible for financial support.
The going-and-coming rule and its exceptions
The going-and-coming rule may deny compensation benefits for workers injured on the way to or from work. However, exceptions to the rule determine whether travel is within the scope of employment. Factors considered include:
- Special work hazard: If the injury wouldn’t have occurred if not for work
- Zone of employment: If the injury occurred inside the area of employment
- Totality of circumstances: If the employer controlled the accident scene or benefitted from a worker being there
Generally, workers with duties not tied to a specific location may be eligible.
What counts as a work-related travel injury?
Situations in which a work-related travel injury may occur include:
- Accidents while traveling as a major job duty or between multiple job sites: Injured workers who engage in travel as a function of their work qualify. Examples may include commercial drivers, law enforcement officers, technicians and landscapers.
- Accidents during a business trip: The entire time spent traveling for a business conference and other off-site work-related engagements may qualify.
- Accidents on the employer’s property: Workers injured while traveling within company premises, such as office parking lots, may qualify.
Other travel injury cases involving non-high-risk employees may be eligible, but it can be challenging to determine eligibility. Consulting an experienced workers’ compensation lawyer is advisable to strengthen your case and ensure you receive fair compensation while you recover from injuries.