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How the Coming and Going Rule Affects Your Workers’ Compensation Claim

Typically, if you are injured while at work, workers’ compensation insurance covers your medical bills and lost wages. However, there are exceptions to this rule. And since your employer pays for that insurance, they will often seek to find applicable exceptions. One of the more common exceptions is the “coming and going” rule. This rule allows your employer to deny your workers’ compensation claim.


What Is the Coming and Going Rule?

This rule states that you can’t claim workers’ compensation while you are traveling to or from work. Your commute is not considered part of your job.

Also Read: All You Need to Know About Front End Collision in Virginia

Exceptions to the Coming and Going Rule


However, just as this rule is an exception, it also has exceptions. Even if you are commuting, you can claim workers’ compensation if one of the following exceptions apply.

You Are in the Physical Workspace


Physical Workspace-Coming and Going Rule

Even if you have already clocked out for the day, if you are still on the property of your workplace, it is responsible for any injuries you suffer. However, “workspace” is a little tricky to define.

Depending on the state you are in and the judgment you get, your workspace might not extend to the parking lot. You should consult with a personal injury attorney immediately when there is a question of whether you are in the physical workspace.

Also Read: Virginia Legislators Pass Law to Improve UM/UIM Coverage

You Are in a Company Vehicle


Some employees use company vehicles for work and take them home every night. Even if you were commuting, if you were driving a company vehicle, your employer is responsible for injuries you suffer in an accident.

However, this only applies if you are driving to work from home or vice versa. If you take a side trip to the grocery store, that may prevent you from getting compensation.

You Are Traveling for Work


The coming and-going rule doesn’t apply when you are traveling for work. Thus, if you fly to another state to work in another office, you still count as being “on the job” while traveling to your hotel room or even while traveling to dinner. That is because you wouldn’t be there if not for work.

Consult With an Experienced Lawyer About Workers’ Compensation Claims


You deserve to get money after being hurt on the job. But the coming and going rule can prevent you from getting compensation. Before you file a claim, contact The Joel Bieber Firm to determine whether this rule applies to you.

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