For many employees in California, the daily commute is a routine part of their work life. But what happens if you’re injured while traveling to or from work? California workers’ compensation law includes a legal principle known as the “going and coming rule,” which generally excludes injuries sustained during a regular commute from workers’ compensation coverage. However, there are notable exceptions where injured workers may still qualify for benefits.
This article explains the going and coming rule, its exceptions, and how workers can determine whether their travel-related injuries are eligible for workers’ compensation benefits.
What Is the ‘Going and Coming Rule’?
The going and coming rule states that injuries sustained while commuting to or from work are typically not covered by workers’ compensation. This principle is based on the idea that employees are not performing work-related duties during their regular commute.
Key Points of the Rule:
- Commuting Is Not Work-Related:
Traveling to and from the workplace is considered a personal activity, not part of the employee’s job responsibilities. - Employer Control:
The employer is generally not responsible for the employee’s safety during their commute unless they exert some level of control over the travel.
Exceptions to the Going and Coming Rule
While the going and coming rule excludes most commute-related injuries, there are several exceptions that may allow employees to qualify for workers’ compensation benefits.
1. Traveling Employees
If your job requires you to travel as part of your duties, injuries sustained during travel may be covered. Examples include:
- Delivery drivers injured while making deliveries.
- Sales representatives traveling to client meetings.
- Employees attending off-site training or conferences.
2. Employer-Provided Transportation
If your employer provides transportation, such as a company car, vanpool, or shuttle service, injuries sustained during the commute may be covered. This is because the employer assumes control over the travel arrangement.
3. Special Mission Exception
If you are performing a specific task or “special mission” at the request of your employer during your commute, injuries sustained during this activity may qualify for workers’ compensation. Examples include:
- Picking up supplies for the office on your way to work.
- Delivering documents to a client on your way home.
4. Work-From-Home Arrangements
Employees working remotely may qualify for workers’ compensation if they are injured while traveling for work-related reasons, such as attending a meeting or running work errands.
5. Hazardous Worksite Exception
If the commute involves navigating a hazardous worksite under the employer’s control, such as a construction site, injuries sustained during this commute may be covered.
Common Scenarios and Their Coverage
The following examples illustrate how the going and coming rule and its exceptions apply to different scenarios:
- Scenario 1: Regular Commute
An employee is injured in a car accident while driving to the office.- Coverage: Not covered under the going and coming rule.
- Scenario 2: Traveling Sales Representative
A sales representative is injured in a car accident while traveling to meet a client.- Coverage: Covered as part of the job duties.
- Scenario 3: Employer-Provided Car
An employee is injured while driving a company car provided for their commute.- Coverage: Likely covered due to employer-provided transportation.
- Scenario 4: Errand for Employer
An employee is injured in a car accident while picking up office supplies on their way home.- Coverage: Covered under the special mission exception.
- Scenario 5: Remote Worker
An employee working from home is injured in a car accident while driving to an off-site meeting.- Coverage: Covered as a work-related activity.
Steps to Take If Injured While Traveling
If you believe your travel-related injury qualifies for workers’ compensation under one of the exceptions to the going and coming rule, follow these steps:
1. Seek Medical Attention
Prioritize your health by seeking immediate medical care. Be sure to inform the healthcare provider that the injury may be work-related.
2. Notify Your Employer
Report the injury to your employer as soon as possible, providing details about the travel activity and how it relates to your job duties. California law requires employees to notify their employer within 30 days of the injury.
3. File a Workers’ Compensation Claim
Complete the workers’ compensation claim form (DWC-1) provided by your employer. Include details about the travel activity, location, and circumstances of the injury.
4. Gather Evidence
Collect documentation to support your claim, such as:
- Witness statements.
- Photos of the accident scene.
- Employer instructions or records showing the travel was work-related.
5. Consult an Attorney
If your claim is denied or disputed, seek legal assistance to navigate the appeals process and advocate for your rights.
Challenges in Travel-Related Workers’ Compensation Claims
Travel-related claims often face unique challenges, including:
1. Disputes Over Work-Relatedness
Employers or insurers may argue that the travel was personal and not part of your job duties.
2. Lack of Documentation
Insufficient evidence linking the travel activity to your employment can weaken your claim.
3. Pre-Existing Conditions
Insurers may attempt to attribute your injuries to pre-existing conditions rather than the travel activity.
How an Attorney Can Help
A workers’ compensation attorney can provide critical support for travel-related claims by:
- Evaluating whether your case qualifies under an exception to the going and coming rule.
- Gathering evidence to establish the work-related nature of your travel.
- Handling disputes with insurers or employers.
- Appealing denied claims to maximize your benefits.
Conclusion
The going and coming rule excludes most commute-related injuries from workers’ compensation coverage, but several important exceptions can apply. If you’ve been injured while traveling for work, understanding these exceptions and taking the right steps can help ensure you receive the benefits you’re entitled to.
For complex claims or disputes, consulting an experienced workers’ compensation attorney can provide the guidance and advocacy needed to navigate the process and secure fair compensation.
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