For many workers, the majority of their driving is just commuting. They spend a half hour driving to the office in the morning and another half hour driving home at night. This is a drive they would never make if they were not employed, but they make it consistently simply because they need to get to the office.
As such, this is the time when drivers are exposed to a high amount of risk. Many accidents happen during rush hour, as drivers are commuting to and from work. Because the driver was only on the road to go to their place of employment, does that mean that they can claim workers’ comp benefits after suffering injuries in one of these crashes?
Workers’ comp usually does not apply
In most cases, when drivers are commuting, they are ineligible for workers’ comp benefits. The going and coming rule stipulates that the commute is still a driver’s personal time because they are not yet on the clock or doing their job. If they get injured, they may be able to seek compensation from the other driver, but they do not deserve workers’ comp benefits.
That said, there are exceptions to be aware of. One is for workers who have to move between job sites, like a roofing crew. Accidents while switching job sites may still qualify for workers’ comp benefits.
Another exception is when workers are expected to complete certain tasks on the way to the office. Maybe a worker has been charged with picking up supplies at a nearby warehouse before heading in. Even though that drive is still their commute, since they are performing a specific duty for their employment, they may deserve workers’ comp benefits if they get in an accident.
These cases can get to be a bit complex, so injured parties must know what legal options they have.