Commuting to and from work is part of most employees’ daily routines. If a car accident happens during this time, the situation can become complicated. New Jersey law determines whether an accident counts as work-related based on specific factors.
The “coming and going” rule
New Jersey follows the “coming and going” rule, which means that accidents during a regular commute usually do not count as work-related. Driving from home to a fixed workplace is a personal activity, not a job duty. If an accident happens during this time, workers’ compensation generally does not apply.
When commuting counts as work
Some situations make travel part of a work-related duty. In these cases, an accident may count as driving for work.
Special errand exception: If an employer requires an employee to complete a task during a commute, such as picking up supplies or making a delivery, the drive becomes work-related. If an accident happens while handling this responsibility, it may qualify as work-related under the law.
Employer-provided vehicle: Driving a company vehicle for job duties can make an accident work-related. If an employer authorizes the use of a work vehicle for transportation and an accident happens, workers’ compensation may apply. Courts have ruled that when employees use company vehicles for work purposes, their travel often falls under work-related activities.
Why legal guidance matters
Even when workers’ compensation does not apply, understanding your rights after a car accident is important. If an accident happens while commuting for work, seeking legal advice can help protect your interests. Handling insurance claims and liability issues without guidance can lead to unnecessary complications.
Understanding when a commute counts as work-related affects your rights after an accident. Knowing these rules can help you take the right steps if you get injured while driving.