When employees are injured on the job, workers' compensation benefits typically cover their medical expenses and lost wages. However, injuries sustained while commuting to and from work usually fall under the “Going and Coming Rule,” which generally excludes employees from workers' compensation coverage. In Massachusetts, this rule can create complications for injured workers seeking benefits.

Despite its broad application, exceptions exist that allow some commuting-related injuries to qualify for compensation. Understanding these exceptions is essential for workers navigating a potential claim.

What is the Going and Coming Rule?

The Going and Coming Rule is a legal principle that bars employees from receiving workers' compensation for injuries sustained during their routine commute to and from work. The reasoning behind this rule is that commuting is not considered part of an employee’s work duties but rather a personal responsibility.

For example, if a worker is injured in a car accident while driving to the office, their injury is generally not compensable under Massachusetts workers’ compensation laws. However, this rule is not absolute—certain circumstances create exceptions where a commuting injury may be covered.

Key Exceptions to the Going and Coming Rule in Massachusetts

While the Going and Coming Rule typically prevents employees from receiving benefits for commute-related injuries, Massachusetts law provides several exceptions that could allow compensation.

1. Traveling Employees and Work-Related Travel

Employees who travel as part of their job duties, rather than reporting to a fixed location, often fall outside the scope of the Going and Coming Rule. These employees are sometimes referred to as traveling employees, and their commutes may be considered work-related.

Examples include:

• A sales representative injured in a car accident while driving between client meetings.
• A home health nurse who sustains an injury while traveling between patients’ homes.
• A construction worker commuting between multiple job sites on behalf of an employer.

In these cases, since the travel itself is a fundamental aspect of the job, injuries sustained during transit are generally compensable.

2. Special Errand Exception

When an employer directs an employee to perform a specific task outside their normal work duties or schedule, an injury sustained during this errand may be covered under workers’ compensation.

For example:

• An employer asks an administrative assistant to pick up supplies on the way home, and they are injured in a car accident.
• A manager asks an employee to drop off a package at the post office after leaving work, and they slip and fall in the parking lot.

Since these tasks benefit the employer and are not part of the employee’s regular commute, they may be covered under Massachusetts workers’ compensation laws.

3. Employer-Provided Transportation

If an employer provides transportation for employees—such as a company shuttle, car, or reimbursement for mileage—then injuries sustained during this commute may qualify for workers’ compensation benefits.

This exception often applies when:

• A worker is injured in an accident while riding in a company-provided vehicle.
• An employer mandates that employees use specific transportation, such as a shuttle service.
• A worker is traveling under an employer-sponsored carpool arrangement.

If the employer controls or benefits from the transportation, the commute may be considered part of the employee’s job duties.

4. Injuries on Employer-Controlled Property

If an injury occurs on employer-owned or controlled property, the Going and Coming Rule may apply.

For example:

• A worker slips and falls in the company parking lot before clocking in.
• An employee is injured while walking from a designated off-site parking area to the main office.

Because the injury occurred on property controlled by the employer, the worker may have a stronger claim for benefits.

5. Dual Purpose Doctrine

If an employee’s commute serves both a personal and work-related purpose, the injury may qualify for compensation.

Consider a scenario where:

• A supervisor is driving home but stops to drop off work-related documents at another office.
• A worker combines a personal errand with a required business meeting.

If the injury occurs while the employee is engaged in an employer-benefiting task, it may be deemed compensable under Massachusetts law.

Proving an Exception Applies

Employees seeking workers’ compensation for a commuting-related injury must provide clear evidence that an exception applies. This often involves:

• Documenting employer instructions: Emails, text messages, or verbal directives showing the employer requested a task outside normal duties.
• Establishing work-related travel requirements: Demonstrating that travel was an essential job function, not just a standard commute.
• Proving employer control over transportation: Showing that the employer provided or required specific commuting methods.
• Gathering witness statements or surveillance footage: To confirm the location and cause of the injury.

Given the complexities of these claims, injured employees often benefit from consulting a workers' compensation attorney to ensure they meet the legal burden of proof.

Why This Matters for Massachusetts Workers

Workers' compensation is designed to protect employees from financial hardship after a workplace injury, but the Going and Coming Rule can limit access to benefits. Understanding when exceptions apply can mean the difference between an accepted or denied claim.

Many employees mistakenly assume they are ineligible for benefits simply because they were injured during a commute. However, if work-related duties, employer-provided transportation, or employer-controlled locations played a role, they may still have a valid claim.

By recognizing these exceptions and gathering supporting evidence, injured workers in Massachusetts can improve their chances of obtaining compensation for medical expenses, lost wages, and rehabilitation costs.

Conclusion

Massachusetts' Going and Coming Rule presents a significant hurdle for employees seeking workers’ compensation for commuting-related injuries. However, multiple exceptions exist, including work-related travel, employer-provided transportation, special errands, employer-controlled property injuries, and the dual purpose doctrine. Workers injured while commuting should carefully assess whether an exception applies and take steps to document their claim. Consulting with an experienced workers’ compensation attorney can help ensure they receive the benefits they deserve.

Injured? The Office of Brandon J. Broderick, Workers Compensation Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.