Workers’ Compensation is designed to protect workers against the costs of suffering debilitating job-related injuries. If a worker is injured, obtains medical care, and misses a significant amount of work, Workers’ Compensation pays the bills.
In exchange for accepting Workers’ Compensation benefits, a worker cannot sue the employer for damages arising from the injury. The issue of just when a worker is eligible for Workers’ Compensation protection matters greatly. The “coming and going rule” at least partly addresses that issue.
Explaining the “Coming and Going Rule”
Although workers must go to and from the workplace, the coming-and-going rule exempts that activity from Workers’ Compensation coverage. There are too many ways a worker might be injured while journeying from home to work and back again.
A car accident could hospitalize the worker. A slip-and-fall on an icy or wet sidewalk could cause a worker to sustain an injury. Countless potential hazards could arise, but they are not the employer’s fault.
Delaware’s Workers’ Compensation law exempts travel to and from the workplace from qualifying for coverage. That is partly due to workers commonly making one or more stops on the way to or from work. It is mainly due to auto insurance and premises liability protecting workers while they are driving and making stops.
A worker might drop off kids at school while on the way to work or stop at stores, gas stations, and other places on the way home. Those are personal errands, not work requirements, so the coming-and-going rule addresses that by denying Workers’ Compensation coverage for travel to or from work.
Exceptions to the Rule
The coming-and-going rule is not absolute. Many exceptions would extend Workers’ Compensation coverage to workers injured while operating their own vehicles. Those exceptions include:
- Commercial travel
- Driving a company vehicle
- Running a special errand for work
- Traveling is a significant part of job duties
- Traveling between job sites
When an employee is issued a company vehicle for regular use, any injuries suffered while driving could qualify for Workers’ Compensation. A company vehicle usually requires the driver to use it for specific work-related purposes, not for personal errands or pleasure trips.
Any injuries suffered while driving from one work site to another also count as a work-related injury, since that travel is a necessary part of your job and occurs while you are on the clock rather than commuting to and from work.
Some jobs require regular travel. A salesperson traveling from one location to one or more other locations is just one example. Regular travel while on the job is necessary to complete the assigned workload, so injuries suffered while traveling would be covered.
If you are at work and are tasked with a special assignment that requires you to drive somewhere, any injuries that you might suffer would be subject to Workers’ Compensation.
The errand could be as simple as picking up some lunch that your boss ordered, or it might be to a local office supply store to get some paper for the printer. No matter the mission, Workers’ Compensation would apply.
Anyone engaged in commercial travel in a personal or company vehicle would also be subject to Workers’ Compensation coverage.
An Assigned Parking Space Might Negate the “Coming and Going Rule”
If you drive to work, you may have a designated parking area or a specific parking spot that you must use at your place of employment. Once you arrive at the parking location, you are doing part of your regular work routine.
If another vehicle runs into you and causes an injury before you are able to enter the building, that could be a Workers’ Compensation claim. Could a slip-and-fall or another accident occur while you are in the designated work parking area?
The full liability might not be with your employer and Workers’ Compensation by extension. A privately owned parking lot or municipal parking ramp could be liable for your injuries and other damages. Depending on the circumstances, your employer might also be accountable, especially if they assigned the parking location for you to use. An employer-designated parking area would be part of your regular pre-work routine and a necessary part of doing your job.
What if You are Injured During Work Travel?
If you are traveling as part of your work assignment, you should be eligible for Workers’ Compensation coverage, even if you are not the one doing the driving.
Any injuries that you suffer while traveling for work should be treated right away by a doctor. You can use your own doctor or see a company doctor and still qualify for Workers’ Compensation benefits.
You need to notify your immediate supervisor or another employer representative regarding the injury. You would also have to describe the circumstances that caused the injury. Witnesses, video evidence, or other supporting proof of the accident could help to streamline the claims process.
Your employer should cover your medical costs via Workers’ Compensation. If you miss more than three days of work, you should be eligible for lost wages coverage. That would be about two-thirds of your average hourly wage or weekly salary.
What To Do If Your “Coming and Going” Claim Is Denied
If your claim for Workers’ Compensation is denied, you need to request an internal review by your employer. If that does not correct the situation, then you can file an appeal to the Delaware Office of Workers’ Compensation.
The state will conduct a review of the events leading up to the injury accident and render a decision. Their decision will either uphold the denial of your claim or overturn the denial so that you are covered.
If your claim remains denied, you could file a lawsuit seeking damages from your employer and other liable parties. An experienced personal injury attorney could help you to present the strongest possible case.
Rhoades & Morrow Helps to Uphold Workers’ Rights After a Workplace Accident
If you are injured while traveling for work, the experienced Workers’ Compensation lawyers at Rhoades & Morrow can help you to fight a denial of a valid claim. Contact us online to schedule a free consultation. With offices in all three counties of Delaware, we serve clients throughout the state.
