One of the most confusing laws in the world of workers’ compensation is that of the “coming and going” rule. The coming and going rule refers to the time you spend traveling to and from your place of employment and any injuries that might occur along the way. Every circumstance has a different ruling, and whether or not you are allowed to file a workers’ compensation claim is fully dependent upon how you are traveling and whether or not it technically occurred during the scope of your employment. Let’s look at a few examples.
If you drive to and from work and are injured in a car accident, then you most likely do not qualify to file a workers’ compensation claim. Although you obviously need to get into work somehow, the argument can be made that you could have left at a different time or taken a different route and therefore possibly avoided injury. Until you clock in, you are not considered to be within the scope of your employment. Therefore, most travel to and from your job is not eligible for compensation. However, as with any rule, there are some exceptions.
If you are asked to stop by the bakery in the morning and pick up bagels for your big work meeting at 9:00 am, you're going to do it if you can. Not only does this mean that you have an excuse if you're a little late, but you can make sure that you get the flavor of bagel and spreads that you like. Due to the fact that you were asked, this is technically considered part of your job. Even if you also decide to pick up a fruit parfait because you want to skip the carbs, you're still acting on behalf of your company. If, however, you were not asked and you only went to the shop to pick up bagels for yourself and crashed, you would not be eligible to file a claim with the North Carolina Industrial Commission.
With the laws regarding the coming and going rule being as specific as they are, you definitely want to contact an attorney as soon as you can if you are hurt. Give Collier Law Firm a call today and get a free consultation to see if you have a case for workers’ compensation, even if it happened when you were traveling for work. You never know until you call, so let us help you today!