No, your commute is generally not covered when it comes to workers’ comp. benefits. This is due to something known as the going-and-coming rule.
What this rule states is that workers who are commuting to or from work do not qualify for workers’ comp. benefits if they are injured in a car accident. If another driver rear-ends you at a stoplight, you may contend that you were only on the road to begin with because you had to commute to work. But even though that is true, since you were not on the clock and acting as an employee at the time of the car accident, you generally cannot seek workers’ comp. benefits.
Are there any exceptions?
Yes, one notable exception is if you are driving as part of your employment. Maybe you are a construction worker who has to drive between multiple job sites. If you are injured in a car accident while going from one site to the next, you are acting as an employee and may be on the clock at the time of the crash. This means you could be eligible for workers’ comp. benefits because it is not your standard commute.
Another exception is if your boss asks you to work during your commute. Maybe they tell you that you need to pick up certain supplies or materials and bring them with you to the office. Once you have been given this type of task, since you are performing a work-related duty, you may be able to seek workers’ comp. benefits if you get into an accident.
If you have been injured, you may have questions about whether or not you qualify for benefits and the legal steps you will need to take. It can help to work with an experienced attorney at this time.