Workers’ compensation is the insurance for employees who suffer injuries or illnesses on the job. It may provide benefits like medical care, rehabilitation to help injured workers recover, and even wage replacement. However, one common area of confusion is whether workers’ comp covers accidents or injuries that occur while driving to and from work.
The “Coming and Going” Rule
The general rule in workers’ compensation law is called the “coming and going” rule. Under this rule, injuries that occur while the employee is commuting to and from work are typically not covered by workers’ compensation. The rationale behind this rule is that the employer does not control the employee’s travel during these times, so the risk of injury is not considered to be within the scope of employment. The commute is considered to be personal time, and workers’ compensation is designed to protect employees while they are at their place of work and performing job duties.
Several exceptions to this rule depend on specific circumstances, such as the nature of the job, the travel involved, and whether the employee was performing work-related tasks at the time of the injury.
Traveling Employees
Employees who travel as a regular part of their job duties may be eligible for workers’ compensation coverage if they are injured while driving. This may include traveling sales representatives, delivery drivers, and truck drivers who are frequently covered for injuries sustained on the road as driving is an integral part of their job. The employee is considered to be “in the course of employment” while driving between different locations or job sites, making any injuries sustained likely to be covered by workers’ compensation.
This protection may also extend past regular business hours, as traveling employees are often considered to be continuously on the job when they are away from the office.
Running Work-Related Errands
If an employee is sent on a work-related errand, such as running to the bank or post office on the way home from their shift, they may still be covered by workers’ compensation, even if the accident occurred outside normal working hours. The key factor in this exception is whether or not the employee was performing a task that directly benefits the employer at the time of the accident.
Company Vehicles
Employees who are injured while driving a company vehicle may be covered by workers’ compensation, even if they are on their way to or from work. This is because the use of a company vehicle typically suggests that the employee’s travel is more closely related to the employer’s interest and may be considered within the scope of employment. Coverage may still depend on whether you were also engaged in work-related tasks, such as transporting tools or equipment for a job.
Travel Between Job Sites
Workers’ compensation often covers employees who work at multiple job sites or locations throughout the day if they are injured while traveling between these locations. If you’re a construction worker traveling between job sites or a healthcare worker going between different patients’ homes, your travel is considered a necessary part of your job duties. If the travel is essential to completing the work assigned by the employer, workers’ comp coverage will likely apply. Coverage may not extend if the injury occurs during a personal errand or detour that is unrelated to the job.
Special Missions
If an employee is required to complete a task outside their regular job duties or working hours and an injury occurs, workers’ comp may cover the injury, even if it occurs while commuting. If your employer asks you to attend a work conference or deliver a package on your day off, and you are injured in a car accident while traveling for that purpose, you may be eligible for workers’ compensation benefits.
Parking Lot Exception
Injuries sustained in a parking lot owned or controlled by the employer may be covered by workers’ compensation, even if they occur before or after working hours. This exception typically applies when the injury occurs on the employer’s property, as the employer is responsible for maintaining a safe environment for employees. However, injuries that occur in off-site parking lots or public spaces are generally not covered.
What To Do if You’re Injured While Driving
If you’re injured while driving to or from work and believe that your situation is outside of the “coming and going” rule, it’s important to protect your rights.
- Report the Injury: Notify your employer as soon as possible about the accident and your injuries. Failing to report the injury promptly could result in a denial of workers’ compensation benefits.
- Seek Medical Attention: Get medical treatment for your injuries, even if they are minor. This will help you recover and document the injury, which is crucial for your workers’ compensation claim.
- Document the Accident: Keep detailed records of the accident, including photos, witness statements, and any communication with your employer about the task you were performing at the time. This documentation can help support your claim if your employer or the insurance company disputes your eligibility for workers’ comp.
- Consult an Attorney: If you’re unsure whether or not workers’ compensation covers your injury or if your claim has been denied, it may be helpful to contact a Georgia workers’ compensation lawyer. An attorney can help you navigate the claims process and ensure you receive the benefits you’re entitled to.
Know Your Rights
While the “coming and going” rule generally excludes commuting-related injuries from workers’ comp coverage, there are several exceptions where employees may be eligible for benefits. If your job requires travel, involves running work-related errands, or if you are driving a company vehicle, you may still qualify for workers’ compensation benefits if you’re injured while on the road. Understanding these nuances can significantly affect whether or not you receive coverage. Always consult with a legal professional if you’re unsure about your eligibility.
Featured and internal images from Pexels and Pixabay
https://www.pexels.com/photo/photo-of-person-driving-1386649/
https://pixabay.com/photos/truck-driver-transport-traffic-4933514/
https://pixabay.com/photos/traffic-city-road-street-rain-7272520/
