What Is The "Going to and Coming from Rule"?
Missouri employers that have more than five employees generally must carry something called workers’ compensation insurance. This insurance coverage will pay for any work-related illnesses or injuries to employees that result while on the job. There are exclusions to the benefits that a worker is entitled to as well as specific conditions that must be met to qualify for workers’ compensation coverage.
The “coming and going” rule of workers’ compensation applies to injuries that occur while an employee is commuting to or from their job or place of employment. In most states worker are not entitled to recovering for damages that are a consequence of regularly commuting to and from work, but workers' comp benefits generally do apply when the transportation is job-related. There are exceptions to the commuting rule that you might be eligible to receive benefits for.
There are specific conditions where going from one place to another is work-related and under the scope of your work responsibilities. Therefore, an argument can be made that they are an injury that happens during the scope of your duties. Special conditions that might apply are:
Commuting in a company car
If you are driving to work via a company car, or a company owned vehicle, and you sustain an injury, you might be eligible for workers’ compensation coverage. The company car, however, can be defined very differently, and the definition has all sorts of variables. For example, there could be an argument made, that if you are traveling in a company car that has the logo of the company you work for on it, and you sustain an injury, you might be able to make a claim that it was work-related. Due to the logo, and depending on other related factors, you might be able to claim that you were advertising for the company when the injury happened.
When traveling is a requirement of your job
If part of your work-related duties is traveling, then you might be able to be covered by workers’ compensation. Occupations, where an employee might be covered, may include a pilot, or a bus or truck driver.
Traveling from one site to the next
If your job requires that you travel from one job site to the next, traveling relates to your job duties.
Commercial traveler
If you are away on a business trip, it is generally considered within the scope of your job requirement, and, you are likely covered if something should happen.
Special mission
If your boss or manager sends you to do something for the company, then you might be covered if you are injured while performing the special act even if it is not a specific job that is related to your normal scope of activities.
If you are wondering if you are covered by workers’ compensation while you are on the job, or even off, the best way to determine your rights or responsibilities is to consult a St. Louis workers’ compensation lawyer to ensure that you are getting the benefits that you are entitled to.
Call (314) 361-4300 for a free case evaluation.
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