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Can I Collect Workers’ Comp Benefits for an Injury During My Commute?

| Apr 29, 2019 | Workers' Comp |

Whether you drive your own vehicle or take the train, San Jose residents commute to work every day. However, sometimes accidents can happen on the way to or from work.

If you have suffered an injury during your morning or evening commute, you may be wondering if you qualify for workers compensation benefits. Although you are technically not “on the clock,” this type of travel is necessary to perform your job.

But according to the “going and coming” rule, injuries suffered while commuting to or from work are not covered by workers’ comp. However, there are some exceptions to the rule.

The following are the common exceptions to the going and coming rule:

  • Running a special errand for your employer – From picking up breakfast for the office during your morning commute or dropping off a package for your boss after you leave work, these are considered “special missions” that are typically performed outside of normal work hours. Whenever you are performing a task on behalf of your employer during your commute, an injury under these circumstances is covered by workers’ comp.
  • Driving a company vehicle – While commuting in your own car applies to the going and coming rule, commuting in a company-owned vehicle is generally covered. In some states, the company vehicle must be used for commuting to and from designated locations to be covered by workers’ comp.
  • Traveling is part of your job – Salespeople, flight attendants, caregivers, and even plumbers regularly travel for work and do not have a fixed work site. In addition, on-call employees are often covered once they are called into work. So, if an injury occurs at home after getting called in, it will be covered by workers’ comp.
  • You are on a business trip – Any time spent on a business trip is considered within the scope of employment. So, if an employee suffers an injury on a business trip and he/she isn’t performing any work duties at the time, the injury is still covered.

If you have been injured at the workplace in San Jose, contact the Law Offices of Andrew B. Shin today and request a free case review today.