A car crash, your back injury and the “going and coming” rule

On Behalf of | Sep 30, 2021 | Workers' Compensation |

If you suffer a work-related back injury, you more than likely qualify for workers’ compensation.

However, if your injury occurs during the commute to or from your place of employment, will the “going and coming” rule affect your claim for benefits?

About the rule

Normally, if you sustain an injury during the commute to or from work, you will not qualify to receive workers’ compensation benefits due to the going and coming rule. According to the rule, an injury during the commute is not considered work-related and therefore not covered. However, there are exceptions.

Use of the company car and more

If you are driving a company car or truck and injured during the commute to work, you are likely eligible for workers’ compensation coverage. The same holds true if you are driving between offices or job sites during your workday even if you are in your own vehicle.

The special mission exception

If you sustain an injury while driving your personal car during the commute to work, you can still file a claim for workers’ compensation benefits if you are on a “special mission.” This is a task your employer assigns to you. It could involve picking up dry cleaning for your employer, taking her dog to the groomer or stopping for the designer coffee she wants on your way into the office. A rear-end collision could leave you with a serious neck, head or back injury. Because you are on a special mission, this is an exception to the going and coming rule and will allow you to file a claim for compensation to cover your medical expenses, lost wages and more.