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The going and coming rule and workers’ compensation

On Behalf of | Oct 3, 2023 | Workers' Compensation

Unfortunately, adults in Pennsylvania experience workplace injuries each year. When injuries happen at work, it’s fairly simple to determine if an employer is at fault. However, determining fault isn’t easy when individuals sustain injuries while coming and going to work.

How the going and coming rule works

Workers’ compensation benefits exist to help people financially recover from the fallout caused by workplace injuries. That said, rules also protect companies from frivolous employee lawsuits.

If you get into a car accident driving from or to work, your employer is rarely at fault. Most companies will hold your job until you’re ready to work or temporarily let you work from home. But employers have no expectations to pay for an accident they weren’t involved in.

Going and coming exceptions

As is the case with many rules, exceptions typically exist. The going and coming rule also has exceptions that can make employers held liable for injured workers. Typically, these exceptions involve why an employee traveled.

Several examples of exceptions to the going and coming rule can include:

  • You’re a traveling worker. Home healthcare workers, outside sales representatives and other adults often work by traveling. If they get into an accident, it could be an employer’s fault.
  • Driving a commercial vehicle. The going and coming rule assumes an employee drives a personal vehicle. Since a commercial vehicle is a company’s property, an employee can receive workers’ compensation if injured in accidents.
  • Injured on business-related trips. Injuries on work trips are often an employer’s responsibility. Since employers typically mandate these trips, it’s arguable that an injured employee wouldn’t be in their situation if they stayed home.

It’s understandable to feel confused after sustaining post-accident injuries. The most immediate concern is your health. So ensure you seek medical attention right away.



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