When employees sustain injuries while commuting to or from work, they may assume workers' compensation benefits will cover their medical bills and lost wages. However, Connecticut follows the Going and Coming Rule, which generally excludes workers from receiving benefits for injuries sustained during their regular commute. This doctrine applies across many states, limiting employer liability for injuries occurring outside of the workplace.

While the Going and Coming Rule may seem restrictive, Connecticut recognizes several exceptions that allow injured workers to qualify for benefits under specific circumstances. Understanding these exceptions is key for employees seeking compensation for workplace-related injuries that occur beyond a company’s physical premises.

What is the Going and Coming Rule?

The Going and Coming Rule is a legal principle that bars employees from receiving workers' compensation benefits for injuries sustained while traveling to or from work. The rationale behind this rule is that commuting is not considered part of an employee’s work-related duties—rather, it is a personal responsibility. Because of this, employers are generally not liable for injuries that occur before an employee reaches the workplace or after they leave.

However, certain circumstances can make an injury compensable under workers’ compensation law. Connecticut recognizes specific exceptions where travel-related injuries may still be covered, depending on the nature of the employment and the employer’s control over the situation.

Exceptions to the Going and Coming Rule in Connecticut

There are several scenarios in which a worker may still be eligible for workers’ compensation benefits despite being injured while commuting. The most common exceptions include:

1. Employer-Provided Transportation

If an employer provides transportation for an employee, injuries sustained during travel may be compensable. For example, if a worker is required to ride in a company-owned vehicle or shuttle, any injury sustained during the commute is considered work-related because the employer exerts some level of control over the travel conditions.

• Example: A construction worker is being transported to a job site in a company van. If the van crashes and the worker is injured, they may qualify for workers’ compensation benefits.

2. Traveling Employees (Work-Related Travel)

Employees whose job requires travel as part of their duties may be exempt from the Going and Coming Rule. Workers who regularly drive between locations or conduct business away from a central workplace may be eligible for benefits if they sustain an injury while traveling.

• Example: A sales representative who frequently travels between client meetings may qualify for benefits if injured in a car accident while on the way to a scheduled appointment.

This exception applies to a range of professions, including:

• Delivery drivers
• Traveling nurses
• Sales professionals
• Consultants and inspectors

3. Special Errands and Employer-Directed Tasks

When an employer directs an employee to complete a task or errand outside of their regular work schedule, any injury sustained during that trip may be considered work-related.

• Example: A manager asks an employee to pick up office supplies on the way to work. If the employee is involved in an accident while carrying out this task, they may qualify for benefits.

This exception applies even if the employee is not using a company vehicle, as long as they were performing a task at the employer’s request.

4. On-Call Employees and Emergency Workers

Workers who must respond to job-related emergencies outside of their normal working hours may qualify for benefits if injured during travel. This applies to on-call employees who must report to work at irregular hours or in urgent situations.

• Example: A hospital technician who is required to be on-call for emergencies and gets into an accident while rushing to the hospital for an urgent case may qualify for workers' compensation.

5. Parking Lot and Premises-Related Injuries

Injuries that occur in company-controlled parking lots or walkways are often covered under workers’ compensation. If an employee is injured after arriving at work but before entering the building, they may still be eligible for benefits.

• Example: A worker slips and falls in the employer’s parking lot while walking into the office. Because the employer controls the parking area, the injury is likely compensable.

This principle also applies to designated entrances, stairways, or paths that employees must use to access their workplace.

6. Employer-Sponsored Events and Off-Site Activities

Injuries that occur during employer-sponsored events, retreats, or training sessions may also fall under workers' compensation, even if they happen outside of normal work hours or at an off-site location.

• Example: An employee attending a mandatory company retreat sustains an injury while traveling to the event. Since attendance was required, the trip may be covered under workers’ compensation.

How to Prove a Workers' Compensation Claim Under These Exceptions

Employees seeking workers’ compensation benefits under these exceptions must provide clear evidence that their travel-related injury was work-related. Steps to take include:

• Documenting the injury: Collect medical records, accident reports, and witness statements.
• Providing proof of employer involvement: Show that the employer directed or required the travel.
• Establishing a connection to work duties: Demonstrate that the trip or task was necessary for job responsibilities.
• Filing a claim promptly: Connecticut law requires injured workers to report incidents within one year of the accident.

The Role of Legal Assistance

Since workers' compensation claims can be complex, especially in cases involving exceptions to the Going and Coming Rule, injured employees may benefit from legal guidance. Employers and insurance companies often dispute claims related to travel injuries, making it essential for workers to provide strong evidence that their injury falls within an accepted exception.

An experienced Connecticut workers' compensation attorney can help injured employees:

• Gather necessary evidence
• Negotiate with insurance providers
• Appeal denied claims
• Ensure they receive full and fair compensation for medical expenses, lost wages, and rehabilitation costs

Conclusion

While Connecticut’s Going and Coming Rule generally bars workers from collecting compensation for injuries sustained during a regular commute, several exceptions allow for claims in specific circumstances. Employees who travel for work, complete employer-directed tasks, or use company-provided transportation may still be eligible for benefits. Understanding these exceptions ensures that injured workers can navigate the claims process effectively and pursue the compensation they deserve. Those facing challenges in securing benefits should consider consulting an attorney to strengthen their case and maximize their chances of approval.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating a Workers' Comp Claim in Connecticut can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.