The “Going and Coming Rule” basically states an employee is not acting within the scope of employment while traveling to and from the workplace. But if an employer requires an employee to drive to and from the workplace, so that the vehicle is available for the employer’s business, then the drive to and from work is considered within the scope of employment. This requirement does not have to be in writing but can be expressed or implied. If transportation of the vehicle provides some direct or incidental benefit to the employer, then the drive to and from work may also be considered within the scope of employment.
Exception to the “Going and Coming Rule”
It is recommended to speak to a Workers’ Compensation Lawyer if you’re in a vehicle accident while on the way to work due to the numerous exceptions to the “Going and Coming Rule.” Here are some examples of exceptions:
- Special errand: if you are at work and your employer asks you to leave work to run an errand that benefits your employer, this may be an exception because your employer will stand to benefit from your actions, allowing you to receive workers’ compensation if you are injured.
- Multiple job sites: if your job requires you to visit several job sites on a daily basis to perform your regular duties and you are injured between job sites, this may be an exception to the rule.
- On call: if you use an employer-owned vehicle to commute to and from work or if you are “on call” with that vehicle or your own vehicle, and you get injured, you may have an exception.
- Premises line: this line represents when the employment for an employee begins and when it ends. If you are injured on the employer’s premises, even if you have not started your shift, then you have an exception to the rule.
Proving Exception to the “Going and Coming Rule”
To prove your transportation injury is eligible for an exception to the “Going and Coming Rule” you will need documentation to be presented as evidence. The following materials help establish a clear connection between your driving and your work duties:
- Employer assignments: assignments given by your employer may include transportation as part of your job duties. These assignments may be found in emails, texts, memos, or a written employer request
- Transportation records: receipts or documents showing transportation reimbursement or driving schedules
- Witness statements: statements from co-workers, supervisors, or third-party customers confirming transportation assignments
- Proof of control: evidence showing the accident location was controlled by the employer. For example, if an accident occurs on company property due to another driver or hazardous condition
How Can a Lawyer Help?
Workers’ compensation claims in California can be complicated, especially when it comes to transportation vehicle accidents. For example, several parties may be responsible for causing the car accident. A careless motorist could have ran a red light and caused your accident while you were making a delivery, or perhaps a manufacturer designed a defective part for your delivery vehicle, resulting in a horrific accident. An experienced Workers’ Compensation Attorney can help your situation by:
- Identifying the damages and losses resulting from your transportation accident. Damages include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your work-related accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
- Loss of ability to enjoy life
- Loss of companionship or consortium
- Scarring, disfigurement, and permanent physical disability
- Determining the financial cost of all your damages.
- Filing a lawsuit against every liable party who may be responsible for your injuries, as well as workers’ compensation if your benefits are inadequate or you are denied treatment.
- Advise you on the necessary legal steps to pursuing compensation.
Contact a Transportation Workers’ Compensation Claim Lawyer
Navigating the workers’ compensation process can be complex, especially if you are fighting to prove you were working while driving. If you need help proving your claim or have questions about your right to workers’ compensation, do not hesitate to speak to one of our workers’ compensation attorneys at Maison Law about the incident to see what legal options are available. Contact Maison Law today for a free consultation and case evaluation.
