Rush-hour accidents are fairly common, so commuting to and from work can certainly be one of the most dangerous things that an employee does. You could get involved in a car accident that puts you in the hospital for a month, and you may wonder if it is possible for you to seek workers’ comp benefits.
After all, if you are a commercial driver, you certainly can get workers’ comp benefits if you are involved in an accident. Driving is part of your job description, so the risk of accident injuries is an inherent part of that job.
But does this also apply to workers who are commuting? Can they seek compensation because they would not have been commuting to work if they did not have that job in the first place?
The going and coming rule
In many situations, the answer is no, due to the going and coming rule. This stipulates that when workers are going to work or coming home at the end of the day, they are not on the clock or performing the duties of their job. As such, if they get involved in a car crash, they may be able to sue the other driver directly, but they cannot seek workers’ comp benefits. They are not commercial drivers who are driving for a living.
That said, there are some situations in which workers’ comp benefits may still apply. For instance, maybe you are commuting between job sites in the middle of the day, so you are still on the clock. Or maybe you have been given a task to complete on the way home, such as dropping off an order at a specific location, so you are technically still performing the duties of your job. In these cases, you may deserve benefits.
The financial side of an injury can certainly be complex, and it is imperative that you understand all of the legal options you have at this time.