There is a work-related rule in New York called the "coming and going" rule. It says that a worker is not considered to be acting in the course of employment while commuting to and from work, under the New York Workers' Compensation Law. This is relevant when an employee is injured on the way to or from work, because it prevents them from collecting workers' compensation benefits. Their employer is also not responsible for medical expenses or lost wages.
Unfortunately in New York workers’ compensation claims, that's not all there is to the rule and we will break it down further below.
If there are questions about the specifics of your own injury and whether or not it is covered under New York's workers' compensation program, please contact us at Brandon J. Broderick, Attorney at Law. We have dedicated workers' compensation lawyers who can help answer your questions.
Exceptions to the "Coming and Going" Rule
As mentioned, there is more to the rule in New York, as well as a few exceptions. The New York State Workers' Compensation Board has ruled that employees who are injured during travel related to work can file a workers’ compensation claim and collect workers’ compensation benefits. This includes paid business travel or injuries that took place while using their own vehicles and being reimbursed for mileage.
Workers' compensation will also cover injuries caused to employees who do not work from a single location, such as door-to-door salespeople, for example. As long as the injury occurs during travel related to work, benefits are available to the worker.
An employee who is hurt while entering or leaving the workplace or job site is another common exception.
The Special Errand Exception
Another exception to the "coming and going" rule is the special errand exception. This applies when an employee is hurt while performing errands for their employer and the errands benefit the company. The Workers' Comp Board has deemed that injuries sustained during an errand can result in benefits being awarded to the injured party.
There's another element to this to remember. The injury doesn't even have to be work-related in order for the worker to be compensated for their losses. For instance, there is a good chance that the employee's injury will be recognized as compensable by the Board if the employer instructs the worker to fetch coffee for their boss or lunch while on the clock.
Simple, right? Wrong, this gets even more complex. The special errand exception has been restricted by the Appellate Division in situations where an employee engages in behavior that, in the context, is both unreasonable and insufficiently relevant to their job. In these situations, it is up to the Board to decide what constitutes "unreasonable and insufficiently work-related."
It’s always good practice to consult with an experienced workers’ comp lawyer to discuss your specific claim. Never go into a legal situation blind.
Does The "Coming and Going" Rule Apply To Your Case? Call Us If You Have Questions
Each workers' compensation claim is unique and should be looked into. To explore your options, get in touch with our team of New York workers' compensation lawyers, and together, we will determine whether you have a viable case for benefits.
Remember that if you do not file a claim in a timely manner, you may lose your chance at collecting benefits. It's okay if you do not know all the rules related to New York Workers' Compensation. Talk to a legal professional who does. We are available to help here around the clock.
The staff at Brandon J. Broderick, Attorney at Law, is devoted to assisting our clients with any problems that might develop with their workers' compensation case and its benefits. We have the expertise to support you in achieving a successful result in your case. In New York, we have assisted numerous people just like you.
Call us today, so that we can discuss your case, explore your options and make the first steps toward a favorable conclusion.