Can you get workers comp for an injury during your commute?

On Behalf of | Dec 21, 2021 | Workers' Compensation

You know that you can get workers’ comp if you get injured on the job, but what about if you’re on the way to the job? 

Say you’re driving across the city to go to your office when someone runs a red light and hits you. Since the only reason you were driving is because of your work, can you file a workers’ compensation claim to cover your lost wages and other costs while you’re out?

No coverage while coming and going

Generally, thanks to something called the coming-and-going rule, the answer is usually no. If you’re going to work or going home after work, you’re off the clock and you are not covered under workers’ comp laws. You are no longer “at work”  at that time, even though your work is the only reason you’re on the road.

There are some exceptions. For instance, maybe you were on a business trip when you got in the accident. Or maybe your boss asked you to pick something up on the way to work, and you got hit while picking it up. These sorts of things may qualify you as an active employee during the accident, but they can be fairly complicated.

So what can you do?

In this example, one thing to keep in mind is that the other person caused the injury anyway. They ran the red light. You may still be able to seek compensation for your costs from them, even if you’re not covered under workers comp laws. It is very important to consider all of the options that you have at a time like this.