Does workers' compensation cover injuries sustained while commuting?

For many, the daily commute to work is a major part of the workday. Because of the inherent risk of being involved in a car accident at any given time, many workers wonder whether they can recover workers' compensation for injuries sustained in car accidents while going to and from work.

The general rule of thumb in Pennsylvania is that workers cannot recover workers' compensation for injuries occurring during their commutes (known as the "coming and going" rule). This is because the act of driving to and from work is generally not considered as beneficial to the employer.

Exceptions to the rule

Although the coming and going rule prevents most workers that are injured while they are going to and from their workplaces from recovering workers' compensation, there are several exceptions to the rule. For example, if the employee is required to be away from the workplace for a job duty, the employee is considered to be on a "special mission" for the employer and can recover workers' compensation if injured while traveling offsite.

Likewise, employees may be able to recover for injuries while traveling if the employee has no fixed place of work (e.g. a cable installer or plumber).

Finally, workers' compensation benefits are available in special circumstances where the employee is traveling in furtherance of the business of their employer. The advent of smartphones and other mobile devices has blurred the lines of when work begins and ends, as they allow workers to complete work for their employer while commuting. Because of this fact, employees that are on client calls or speaking with work colleagues about a project while on the way to or from the office may potentially be able to recover workers' compensation for any injuries that occur during this time.

Speak with an attorney

Because the laws surrounding recovery of workers' compensation benefits while outside the office are not clear-cut, it is vital to speak with an experienced attorney as soon as possible after the accident. An attorney can review your unique situation and advise you further on your eligibility for benefits.

No Comments

Leave a comment
Comment Information

Initial consultations are ALWAYS FREE. Contact our office to schedule yours today!

You don’t pay unless we win.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Request A Free Consult

Main Office Location

Law Offices of Katherine L. Niven & Associates, PC
1909 North Front Street, 2nd Floor, Suite 1
Harrisburg, PA 17102

Toll Free: 866-321-5340
Phone: 717-260-3580
Harrisburg Law Office Map