There is little doubt that some workers’ compensation claims are complicated. Among the circumstances that can complicate such claims, the coming and going rule is particularly frustrating.
For example, injuries suffered during your commute to or from work typically do not qualify for workers’ compensation. However, a Pennsylvania sanitation worker has prevailed in his bid for compensation even though his injuries occurred during transportation.
The victim was sent to clean a building occupied by a pharmaceutical company. He arrived at his job site by way of a shuttle operated by the pharmaceutical company. Unfortunately, he fell from the shuttle as it neared the worksite, injuring his foot.
Naturally, the victim filed a workers’ compensation claim, but his employer denied the claim. A workers’ comp judge and the appeal board supported the denial. These parties ruled that the sanitation company and the employee’s transportation have no connection, making his claim invalid. The victim appealed the decision and won his case.
How did he win?
A commonwealth court reviewed the case and reversed the decision. The court found that the victim had already arrived at the worksite when the injury occurred. Since he was right at the entrance when the accident occurred, the court said that his location was a “condition of the premises.”
When you disagree with findings regarding how and where your work accident occurred, do not give up on your workers’ comp claim. Continue to exercise all your rights, including the right to appeal the decision. Learning more about workers’ compensation can also ensure you get the benefits you deserve.