The “Coming and Going” Rule in California Workers’ Comp
If you were hurt on your way to or from work, you might wonder: does workers’ compensation cover that? In California, the answer usually depends on something called the “coming and going” rule. LG Law Center helps injured workers understand exactly where they stand under this law.
What Is the Coming and Going Rule?
The coming and going rule says that injuries that happen while an employee is commuting to or from work are generally not covered by workers’ compensation. The idea is that once you leave your home and before you arrive at your workplace, and vice versa, you’re not yet “on the job.” Because of that, your employer typically isn’t responsible for what happens during that time.
This might seem straightforward, but in practice, there are several important exceptions that can change everything.
Exceptions to the Rule
California law recognizes a number of situations where a commute-related injury can be covered:
The Employee Had No Fixed Place of Work.
If your job requires you to travel to different locations rather than report to one set workplace, you may be covered from the moment you leave home.
The Employer Provided Transportation.
If your employer arranged or paid for your ride to work, such as a company shuttle or vehicle, injuries during that commute may be covered.
The Employee Was Running an Errand for the Employer.
If your boss asked you to stop somewhere or do something for work while on your way in or out, that detour could bring your commute under workers’ comp coverage.
The Employee Was on a Special Mission.
If you were asked to come in outside of your normal hours for a specific work-related task, the trip may be considered part of your job duties.
The Employment Contract Included the Commute.
In some cases, an employment agreement specifically covers travel time as part of the job.
Why This Rule Is Tricky
The coming and going rule sounds simple, but the exceptions make it complicated fast. Insurance companies often use this rule to deny claims for injuries that actually should be covered. They may argue that your injury happened “off the clock” when the facts of your situation tell a different story.
Details matter here; things like who owned the vehicle, whether your employer reimbursed mileage, and exactly what you were doing at the time of the injury can all affect the outcome of your claim.
Don’t Assume Your Claim Is Dead
Just because your injury happened during a commute doesn’t mean you’re out of options. Many workers give up too early because they assume the coming and going rule automatically disqualifies them. That’s not always the case.
LG Law Center: California Workers’ Comp Law Firm
Were you injured while traveling for work in California? The team at LG Law Center in Ontario, CA knows how to dig into the details of your situation and fight for the coverage you deserve. Don’t let a denied claim be the end of the road. Contact LG Law Center today for a free consultation.
Luis Gonzalez Esq.
Attorney Luis Gonzalez graduated from the University of California Los Angeles, B.A., and Syracuse University College of Law, J.D., class of 2005. After graduation, he assisted large corporations with a variety of difficult legal matters in Washington D.C., then returned to California in 2010 to open his own law firm, LG Law Center, Inc.
Luis Gonzalez is an attorney that takes pride in his work and puts his best foot forward for every client. He represents indivduals with their worker’s compensation cases, as well as those seeking criminal defense representation. His approach has always been, treat clients with compassion, respect and to take time to ensure an understanding of legal options and the courtroom procedure.
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