Can Workers’ Compensation Cover Injuries Sustained During Commuting to and From Work?

Your drive to work is probably one of the most routine and familiar parts of your life. You take the same route every day, and you could likely point out the stop signs, lights, and other landmarks with your eyes closed. Unfortunately, it’s on our most familiar drives that accidents are most likely. This brings up one of the questions we hear most often as Mobile workers’ compensation lawyers: can you receive workers’ comp for an injury that happens during your commute? 

There are many factors affecting workers’ compensation cases, and it’s important to discuss your unique situation with an attorney. Call Thiry & Caddell at 251-336-3627 to set up a consultation now. 

What is Required for Workers’ Compensation? 

To start, it’s important to know what must exist for there to be a valid workers’ compensation claim. An employee must be injured at work while in the course of their work duties.  

Certain circumstances warrant a denial of workers’ compensation, including willful misconduct of the employee, an employee’s intent to harm themselves or others, an intentional choice not to use safety gear and impairment by drugs or alcohol. The law specifically states that compensation shall be paid in every case of personal injury or death caused by an accident occurring “out of and in the course of his or her employment.” 

This raises yet another question: is commuting to and from work something considered to be in the course of your employment? 

Coming and Going Rule 

Alabama has what is known as the “coming and going rule.” In general, traveling to and from work does not lead to a compensable injury claim. Although you do need to commute to get to work, this task isn’t considered part of your regular workday or work duties, and as such is not generally eligible for compensation. 

Possible Exceptions to the Coming and Going Rule 

As is the case with nearly any legal issue, there are exceptions. The coming and going rule is essentially a rule of thumb—while it applies in the majority of workers’ compensation cases, there are numerous circumstances and previous legal cases where exceptions have been uncovered. 

Your injury may be compensable under workers’ compensation if it occurred on the employer’s parking lot or another part of their property. For example, if you are hit by a car while riding your bike to the front door, you may have a valid claim. If you slip and fall on an icy patch in the parking lot, you may have a claim against your employer. If your employer covers your travel expenses or determines how or when you commute, you may also have grounds to file a workers’ compensation claim. 

This issue is further complicated when you’re talking about traveling for work. For example, say you take a work trip to another city. On the drive to the conference center, you’re hit by another car. You’re traveling to your work site, so does this fall under the coming-and-going rule? Or, since you would not have been in that city were it not for work, is this compensable under workers’ compensation? 

It’s important to note that even with the exceptions listed above, they aren’t universally applied. You may be injured on your employer’s property or parking lot but still not have a workers’ compensation claim; your employer may pay your travel expenses but still not cover injuries that occur on your commute.  

The cases that have made it to court regarding these issues ultimately come down to the details of the accident, why the employee was injured, and their relationship with their employer. This highlights the need for a consultation with a workers’ compensation lawyer; since workers’ compensation is so unique to the facts and details of each claim, you really don’t know your options until you’ve spoken with an attorney. 

Not Sure If You Have a Valid Workers’ Compensation Claim? Call Thiry & Caddell 

If you’re coming up against roadblocks in your quest for workers’ compensation, it’s time to talk to an attorney who’s ready to advocate for you. Schedule a consultation with Thiry & Caddell now by calling us at 251-336-3627 or sending us a message online.