What Is the Going-and-Coming Rule? Are There Any Exceptions?
In New Jersey, there are only two requirements that must be met to qualify for workers’ compensation: you must have been hurt, and the injury must have occurred during the course of your employment. Injuries suffered while traveling for work may qualify for workers’ compensation. The longstanding rule, however, is that injuries sustained during your commute—while you are going to or coming from work—are not sustained in the course of your employment and therefore can’t provide the basis for a workers’ comp claim.
Are There Exceptions to the Going-and-Coming Rule?
Yes, there are a number of recognized types of travel that still allow for workers’ compensation benefits in the event of an injury:
- You deviated from your normal route to perform a task for your employer—This “special mission” exception allows you to file for workers’ comp benefits if you’re injured on your commute while doing something along the way at the request of your employer. For example, your boss may ask you to pick up donuts on your way in or drop off a package at the post office on your way home. As a general rule, the request must come from a supervisor and must be for a work-related (as opposed to personal) task.
- You were using a company vehicle at the time of your injury—If you are authorized to use a company vehicle to commute to and from work, you may qualify for workers’ compensation benefits for injuries suffered in an accident while commuting. However, if you are using the company vehicle for personal reasons (not going to or coming from work), you won’t qualify.
- You have no fixed place of work—If you don’t have a regular jobsite, but you spend your time at work going from one location to another, the drives at the beginning and end of your work day are considered to be during the course of your employment.
- You are asked to be available to work outside normal business hours—If you are “on call,” or if your employer asks you to do something work-related outside of normal business hours, any related travel is considered to be within the course of your employment.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.