Law Offices of David Lowe | California Workers Compensation Lawyer

Work-related injuries do not always happen at the actual jobsite. For example, you may suffer an injury in a workday traffic accident.

The “going and coming” rule may have an impact on your ability to qualify for workers’ compensation benefits. What does this mean?

About the commute

The going and coming rule largely applies to driving your personal vehicle to and from work. Any injury you might sustain in a car crash during one of these commutes will not qualify you for workers’ compensation benefits because employers see travel between home and work as personal time. However, there are instances when driving from Point A to Point B are work-related

Workday exceptions

Driving your personal car between different jobsites as part of your daily responsibilities is work-related usage and the going and coming rule will likely not apply if you should sustain an injury. Also, if your job involves traveling on a daily basis as, for example, a bus driver, trucker, state trooper or airline pilot, an injury would likely be job-related and render you eligible for workers’ compensation benefits.

A special mission

Special missions refer to activities outside the norm. Your boss might ask you to deliver his dry cleaning on your way home from work or pick up his favorite designer coffee during your morning commute. These are examples of special missions. If you are injured in a traffic accident while fulfilling a request from your boss, liability will likely fall to your employer. The going and coming rule would not apply, making you eligible to file a claim for workers’ compensation benefits.