Many people believe they work in relatively safe industries where the odds of an accident or injury are low. They may just work in an office building, for instance. They could certainly suffer injuries in a slip and fall accident or due to the repetitive motion of their job, but it generally seems much safer than something like construction.
For many of these workers, the greatest risk they face is simply commuting to and from the office. They could be involved in a car accident caused by another driver at any moment.
However, in the majority of these cases, it is impossible for injured workers to seek workers’ comp benefits after a car accident. This is because of the going and coming rule, which stipulates that a worker needs to be on the clock to be covered by workers’ comp benefits. The commute itself is not covered.
Potential exceptions
There are some exceptions, however, and every case is unique. For instance, maybe someone’s boss gives them a special task to perform on the way into work, such as picking up food, drinks or supplies for the office. If so, they may be able to seek workers’ comp benefits because they were actually performing job duties during the commute.
Another exception is when it is not just a standard commute to the office and back. Maybe they have to drive in the middle of the day to go from one job site to the next. Car accidents that occur during these times may still be covered by workers’ comp benefits because they happen during the workday, as part of that person’s employment.
These situations can be complex, and it is crucial that injured workers understand all of their legal options.
