Injured Driving to Work? Do You Get Benefits?

How do you pay your hospital bills and get compensation for missed income after being injured in a car accident during your commute to or from work?

·       The other driver’s insurance—if you were not at fault.

·       Your uninsured motorist insurance—if you bought this optional car insurance.

·       Your health insurance—if you even have it (and it does not pay you lost income).

·       Your employer’s workers’ compensation insurance—maybe.

Workers’ compensation offers medical care and disability payment benefits if you are ever injured in an accident at work. Does your commute count as work? The general rule, also known as the “going and coming rule,” says you cannot receive benefits for injuries that happen during your commute.

However, there are many exceptions to the going and coming rule. If you have been injured during your commute, you deserve to know if you are eligible workers’ compensation benefits.

Exception 1: Your Boss Pays for Your Commute or for Costs of Transportation

If your boss pays for your commute to or from work, you may be eligible to receive benefits. Rather than being purely personal travel, the law implies your commute is an extension of your time on the clock because you are being paid.

How you may qualify under this exception

Exception 2: Your Boss Directly Provides You with Transportation for Your Commute

If your boss directly provides you with the transportation that you use to commute with, then the law considers your boss responsible for exposing you to the danger of an accident.

How you may qualify under this exception

Exception 3: Your Boss Requires You to Bring Your Car to Work

Your employer’s business may benefit from you having your car at work. For example, your boss may require you to use your car to leave the office to see clients. If your car becomes a required tool for your job during work hours, then your workers’ compensation protection extends during the time you bring your car to and from work.

Exception 4: No Requirement, But Your Boss Relies on Your Car at Work

In a less formal situation, your boss may rely on you bringing your car to work because you perform several tasks with it. Eventually, your boss comes to expect you to make your car available during work hours. Therefore, after some regular use of your car for work-related activities, your workers’ compensation protection will also extend to your commute.

How you may qualify under this exception

Exception 5: You Do Not Have a Regular or Normal Worksite

The going and coming rule only applies to commutes to or from a regular or normal place of employment. When you do not even have a regular or normal place of employment, your commute becomes less personal and more work-related, because commuting is a service to your boss.

How you may qualify under this exception



Exception 6: You Transport Tools or Heavy Equipment to or from Work

This exception exists for the same reason as if you are required to bring your car to work. Your boss benefits from you bringing tools or heavy equipment to or from work. This exception only applies if transporting tools or heavy equipment is required for your job, not merely convenient to you.

How you may qualify under this exception



Exception 7: Part of Your Work Must Be Done at Home

If part of your work must be done at home, your home is considered a second worksite. Your commute from work to home is no longer personal travel. Instead, your commute is treated as travel between two worksites. Again, this exception only applies if your boss requires that part of your work must be done at home. It does not apply if performing work at home is merely convenient to you. Furthermore, this exception does not apply if you consistently work at home out of custom. For your home to be considered a second worksite, your boss must direct that part of your work be performed there.

How you may qualify under this exception

Consult with a Workers Compensation Attorney About Your Compensation for Injuries from a Work Commute

If you were injured in an accident commuting to or from work, it is important to secure the resources that will pay for your medical treatment and support you during any time you cannot earn income. You may be able to make claims for compensation on car insurance policies that are involved in your accident. But if you were injured in a work commute, you may be eligible for workers’ compensation benefits and you deserve that compensation as soon as possible.

Get an experienced workers’ compensation professional at SoCal Workers Comp to review your case for free. Workers’ compensation laws are complex and insurance companies regularly use them to deny your eligibility for benefits. Call now or schedule a review to get answers and zealous representation if you need it. You pay nothing out of pocket unless we win your case.

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