If you’ve ever been involved in an accident on the way to work or coming home from work, you may have been told by a friend or co-worker that your injuries, if any, might be covered under workers’ compensation law. However, this is not the case. The attorneys at Eason & Tambornini can help you understand how the law applies to your specific situation, and they offer a free, no-obligation initial consultation so that you can talk to an experienced attorney at no cost.
‘Going and Coming’ Rule: The Basics
Under California law, something called the ‘Going and Coming’ rule states that an employee’s regular commute to work or home from work does not fall within the boundary of employment-related. Therefore, the employee would not qualify for workers’ compensation benefits, and the employer would not be liable for injuries or damages resulting from an accident.
Reasoning Behind the ‘Going and Coming’ Rule
If an employee is going to work or coming home from work, they are not doing anything directly for an employer as part of their regular job activities. The employer would not be liable for injuries during an employee’s regular commute. In turn, workers’ compensation benefits would not apply. After all, it is not an employer’s responsibility to ensure an employee has a way to get to work, dictate which route they take or what type of transportation they use, etc. Therefore, employers would not be liable for what usually happens in a person’s commute in either direction.
Exceptions to the ‘Going and Coming’ Rule
One reason to consult an experienced workers’ compensation attorney if you are unsure about your situation is that, like many areas of law, California’s ‘Going and Coming’ rule does have exceptions. For example, if you are at work and your employer asks you to leave work to run an errand that benefits your employer, or if you are asked to run an errand on behalf of your employer on the way to or the way home from work, the law may see things a little differently. Likewise, if your job requires that you visit several job sites each day to perform your duties using your vehicle, and you check a job site on the way to or way home from work, this may likely be seen as an exception to the ‘Going and Coming’ rule because the employer directly benefits.
When In Doubt, Consult
As you can imagine, many factors and various scenarios could affect whether your experience qualifies as an exception to the ‘Going and Coming’ rule. If you’ve been in an accident of this type, the best action is to seek a lawyer knowledgeable in workers’ compensation law. The legal experts at Eason & Tambornini have been helping clients involved in workers’ compensation claims for more than 25 years.
Call them today at (916) 438-1819 for a free, no-obligation consultation to discuss your situation.
