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What Is the Coming and Going Rule? - Workers' Compensation Attorney

What Is the Coming and Going Rule? - Workers' Compensation Attorney

What Is the Coming and Going Rule? - Workers' Compensation Attorney
One of the laws in workers’ compensation that comes up time and again is what is known as the coming and going rule. The coming and going rule covers the period of time that it takes for you to travel to and from your place of employment. This includes any injuries that may occur along the way. It is important to remember that every case and situation is different. Whether or not you are eligible to file a workers’ compensation claim is based entirely off of how you are traveling and whether or not it was for your job. If you commute to and from work on your own and are injured in an accident along the way, you generally cannot file a workers’ compensation claim. Although you need to get into work somehow, until you have “clocked in” you are not, by law, at work. This means that your trip in is not considered to be within the scope of your employment, and so most injuries sustained during travel you take on a daily basis is not eligible for compensation. However, as with any rule, there are some exceptions. Here's an example. If you are asked to go to the store and grab bagels for the morning meeting, you may feel lucky. You get out of the office for a little and might even get to pick up something for yourself since you forgot your lunch at home this morning. However, if you are in an accident on your way to the store, are you still considered to be at work? According to the coming and going rule, you may be covered by workers’ compensation because you were doing something you had been asked to do by your superior. Even if you planned on doing some personal shopping while there, you didn't request time off to do it. However, if you were just stopping by the store for yourself, you wouldn't be eligible for compensation because it was just a personal errand. With the laws regarding the coming and going rule being as specific as they are, you should contact an attorney as soon as you can if you are injured. Give Collier Law Firm a call today and get a free consultation to see if you have a claim for workers’ compensation, even if the injury happened while you weren't in the office. We can help you figure it out, so give us a call today!