You are driving to work when another driver makes a crucial mistake. Maybe they drift over the centerline while they are distracted, or perhaps they run a stop sign. Either way, they hit your vehicle, and you suffer serious injuries.
In the wake of the accident, you are looking into your options to seek compensation. Because you were on your way to work, you may find yourself wondering if you can seek workers’ comp benefits. You never would have been in the car without that employment, after all, so would you be covered for workers’ comp benefits that can pay a portion of your lost wages and your medical bills?
The going and coming rule
Within workers’ comp laws, there is a doctrine known as the going and coming rule. It essentially states that you are not covered by workers’ comp when you are driving to work or returning home from work, but only when you are actually on the clock and performing the duties of your job.
This means that you typically will not be covered for an accident during your commute. There are a few exceptions. For instance, if your boss tells you to do something like picking up supplies on the way into the office, you may then be able to argue that you were performing duties of your employment and should be covered. But if you were just driving into the office like you do every other day, you likely cannot seek workers’ comp benefits.
That said, there are other ways you can seek financial compensation. For instance, if the other driver was responsible, they may be liable for your medical bills, lost wages and any related damages. Just be sure you know exactly what legal steps to take.