The going and coming rule in workers' compensation generally holds that injuries occurring during an employee's commute to or from work are not covered. The rule treats the commute as a personal activity, not within the course of employment. However, exceptions apply when travel is required for the job, occurs during work hours, or involves company vehicles. Understanding these nuances helps employers and employees determine coverage and set expectations around workplace injury benefits.
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Understanding the Going and Coming Rule
The going and coming rule is a workers' compensation principle that denies coverage for injuries sustained while an employee is traveling to or from their regular workplace. Because the commute is considered a personal endeavor, it falls outside the scope of employment. The rule aims to set clear boundaries for when workers are acting within the course of their job. Many state statutes adopt this rule, but specific tests and carve-outs can vary by jurisdiction.
Basic Principle and Rationale
Under the going and coming rule, ordinary travel between home and work is not compensable. The rationale is that employees are neither under the employer's control nor using employer-provided resources during a typical commute. Courts generally reason that the activity is a personal errand and not part of the employment contract. Consequently, injuries or illnesses that arise solely from commuting are typically excluded from workers' compensation benefits.
Scope and Commute Definition
The rule applies to the regular commute to and from the primary workplace. This includes travel by car, public transit, bicycle, or on foot, provided the route is a customary one. If an employee deviates significantly from the normal route without a valid job-related purpose, coverage is unlikely. The focus remains on whether the travel is a personal errand or an assignment that benefits the employer.
Exceptions and Special Circumstances
Not all travel to or from work is excluded. Exceptions to the going and coming rule exist when the commute involves job duties, special instructions, or company-controlled transportation. These carve-outs ensure that workers who are effectively working while traveling receive the benefits they deserve. Employers should document travel policies and circumstances that may trigger exceptions.
| Attribute | Verified Detail | Source Type |
|---|---|---|
| Rule Name | Going and Coming Rule | Workers' Compensation Law |
| Typical Coverage | Injuries during ordinary commute generally excluded | Statutory and Case Law |
| Key Exception | Travel required for job or within work hours | Case Law and Regulations |
| Vehicle Context | Company cars or assigned transport may alter coverage | Regulations and Policies |
| Geographic Variation | Rules and tests vary by state | State Statutes |
Job-Related Travel
When an employer requires travel as part of the job, the going and coming rule may not apply. For example, a sales representative who drives between client meetings is still within the scope of employment. Injuries during such travel are typically compensable because the employee is serving the employer's interests. The decisive factor is whether the travel benefits the employer and is directed by work requirements.
Travel During Work Hours
If an employee is instructed to travel during normal working hours, the commute may be considered work time. For instance, being sent between job sites or attending a work-related meeting en route can qualify for coverage. The timing of the travel, combined with employer control and assignment, determines whether the rule's exceptions are triggered.
Company Vehicles and Equipment
Use of a company car or assigned vehicle can change the analysis. When an employee is required to use a company vehicle for business, even a commute-like trip may be compensable if the vehicle is under the employer's control. The key is whether the vehicle is acting as an instrumentality of the business at the time of injury.
Practical Considerations for Employers and Employees
Employers should clearly communicate travel policies and document exceptions to the going and coming rule. Written guidelines help prevent disputes and support consistent decision-making. Employees should report injuries that occur during job-related travel promptly and provide details about the circumstances. Seeking legal advice early can clarify coverage and protect rights under workers' compensation laws.
Policy Documentation
- Define what constitutes job-required travel.
- Specify which travel times and routes are covered.
- Outline procedures for reporting injuries during commutes.
State Variations
Workers' compensation laws differ by state, and some jurisdictions apply modified versions of the going and coming rule. Some states use a bright-line test, while others examine control, benefit, and compensation factors. Employers operating across multiple states must understand each locality's standards to remain compliant.
The going and coming rule is a foundational workers' compensation principle that generally excludes ordinary commutes from coverage. Exceptions arise when travel is job-related, occurs during work hours, or involves employer-provided transportation. Both employers and employees should understand these distinctions to navigate claims accurately and maintain compliance with applicable laws.