After an accident, you must show that you suffered a work-related injury to qualify for benefits. In many instances, your Workers’ Compensation claim is far from cut-and-dry.
The Going and Coming Rule-What Does it Mean?
It simply stands for an employee on their way to work (coming) and on their way home from work (going).
Employees who are “going to” or “coming from” their place of employment are not considered to be acting within the course or scope of their employment; thus, they are not entitled to workers’ compensation benefits.
Importantly, the going and coming rule, in essence, is when employees travel to or from work they are deemed to be acting in their own interests without constraints by the employer regarding the method or means of the commute.
Are There Exceptions?
There are exceptions. Generally, while commuting is not considered to be a job-related activity, I have successfully argued the following exceptions:
- Special Mission Exception
- Paid Travel Time Exception
- Use of a Company Vehicle
- No Fixed Place of Work
- Employer-Incentivized Carpooling
- Work Outside of Normal Business Hours
- Employer-Controlled Premises Exception
The above referenced exceptions to the “going and coming rule” are deemed dual purpose exceptions on the basis that the employer derives some benefit out of the employee’s actions. Unlike an ordinary commute to work in which an employer really has no interest, each of the noted exceptions involves some control over the employee’s actions and a palpable benefit to be reaped by the employer.
But I Drive a lot for Work
If you are often on the road for work such as in sales or providing services like a plumber or electrician traveling to clients or potential clients, you are in the scope and course of your employment during these travels.
It becomes trickier when you’re leaving this appointment. Going to another client or back to the office-more likely compensable. Traveling home from the client-less likely it’s compensable.
Team Building
Prior court cases found things like attending a company picnic, whether paid or unpaid qualified as a special errand or special mission to fall within the scope of the employee’s employment. See Ricciardi v. Damar Products Co., 45 N.J. 54 (1965), Importantly, attendance was not required, and no compensation was received. Rather, employees’ attendance at the picnic was encouraged to improve employer/employee relations.
Company Vehicles
Recently, the NJ Supreme Court added when an employee is operating a ‘authorized work vehicle’ the employee is ‘in the course of employment’ when the employer authorizes a vehicle for operation by the employee and the employee’s operation of that vehicle was for business expressly authorized by the employer. N.J.S.A 34:15-36—‘authorized vehicle rule’
Contact a Workers’ Compensation Lawyer at the Law Offices of Michael S. Williams for Help With Your Claim Today
If you have been injured on the job and need help with your claim, a Workers’ Compensation lawyer at the Law Offices of Michael S. Williams is here for you. Call 732-351-2800 or contact us online to schedule a free initial consultation. Our offices are located in Tinton Falls and New Brunswick, New Jersey and we serve not only clients in Monmouth and Middlesex County, but throughout the state.
