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Are you entitled to workers’ comp if you are hurt away from work? 

On Behalf of | Jan 23, 2024 | Philadelphia Workers' Compensation Law Blog |

If you leave home for your shift, you trust that you will clock in at work, do your job, earn your wage and retire back to your loved ones. And most often, this is what happens. However, there are instances when you might sustain a work-related injury on your way there or back. 

Workers’ compensation benefits are intended to ease the financial burden that arises from injuries sustained at work. But what about any you suffer on the way to or from work?

Understanding the “Going and Coming” rule

The Going and Coming rule is that you generally cannot make a claim for workers’ compensation for injuries you sustain while traveling to and from work. You are usually not your employer’s responsibility during that time.

There are, however, some exceptions to this rule when you may still be able to claim:

  • If an accident happened while you were lawfully traveling in a company car, and the transportation is part of the employment
  • If you sustain an injury while traveling from one job site to another
  • If your job involves traveling, such as truck driving
  • If you are traveling as part of a business trip
  • If you were performing a special mission for your employer, such as executing the employer’s errand

If you suffer an accident in any of these circumstances, it is still not a given that you will get the compensation you need. Your employer and their insurer may try to challenge whether you qualify or not. These kinds of cases are very fact specific and are some of the most challenging and complicated cases before the courts. Contact us to speak with a certified specialist workers’ compensation lawyer, and find out how knowledgeable legal representation can help you protect your rights and interests while pursuing workers’ compensation.