You got hurt on the job, and you filed your workers’ compensation claim like you were supposed to do — so you were shocked when it was denied.
Your employer says you weren’t really on the job at the time you were injured and the “going and coming” rule applies.
What’s the going and coming rule?
Essentially, your employer is saying that your injuries aren’t covered under their workers’ comp policy because you were either leaving work at the time or heading into work. In general, you aren’t covered under workers’ comp during your commute into the office or on the way home.
However, exceptions do apply to this rule. In general, the going and coming rule doesn’t apply when:
- You have no fixed place of work. Merely having a “main office” that you report to on occasion doesn’t equate to a regular, fixed place of work, like many people who do repairs or go out on sales calls all day.
- You were on some special assignment or mission at your employer’s behest. For example, if your boss asks you to run their keys to the employee who is opening the office the next morning on your way home, you’re still on a mission for your employer until you’ve finished the job.
- Your job duties or contract includes transportation to and from work. For example, maybe your employer pays for your commute as a “perk.”
- There were special circumstances involved and you were furthering the business of your employer in some way. For example, maybe you took a detour on the way home because you spotted a problem with a worksite from the road and you were looking after your employer’s interests.
Workers compensation claims are more complicated than many people realize — and you don’t have to accept your employer’s reasoning without a fight. Talk to an experienced Pennsylvania attorney about your situation right away to learn more.