In Vermont, as in many other states, workers' compensation laws provide financial protection to employees who suffer injuries in the course of their job duties. However, one common legal barrier to obtaining benefits is the "going and coming" rule. This principle typically bars compensation for injuries sustained during an employee's commute to or from work. Despite this, there are notable exceptions under Vermont law that may allow a worker to claim benefits even when the injury occurs off the job site.

Understanding when these exceptions apply can significantly impact a claimant's ability to receive compensation. This article explores the nuances of the going and coming rule in Vermont and highlights the circumstances under which exceptions may be made.

What Is the Going and Coming Rule?

The going and coming rule is a legal doctrine stating that injuries sustained during a worker's regular commute are not compensable under workers' compensation laws. The rationale behind this rule is that employees are not technically within the scope of employment while traveling to or from their place of work.

For example, if an employee is driving from their home to the office and is injured in a car accident, that incident would normally fall outside the purview of workers' compensation coverage.

This doctrine is commonly applied in Vermont workers' compensation claims, and unless a valid exception applies, such a claim will likely be denied.

Key Exceptions to the Going and Coming Rule in Vermont

While the rule serves as a general guideline, Vermont law recognizes several exceptions that allow for workers' compensation benefits despite the location of the injury.

1. Special Mission or Errand Exception

If an employee is performing a specific task or errand for the employer's benefit outside of regular working hours or off-premises, the injury may be compensable. This is often referred to as the "special errand" exception.

Example: A manager asks an employee to drop off work-related documents after hours. If the employee is injured while doing so, the activity is work-related—even though it happens during the commute or outside normal work hours.

2. Traveling Employees

Employees who are required to travel as part of their job duties—such as delivery drivers, sales representatives, or repair technicians—are generally covered for the duration of their travel, not just while performing specific tasks.

According to the Vermont Department of Labor, traveling employees enjoy broader coverage because travel is considered an inherent part of the job. Even injuries sustained while eating or sleeping during a business trip could qualify for benefits under certain conditions.

3. Employer-Provided Transportation

If an employer provides transportation to and from the job site, injuries sustained during that transportation may fall within the scope of employment. This includes company vehicles, shuttle services, or any travel that is directly compensated or arranged by the employer.

For example, if an employer instructs an employee to ride a company van to a remote job site, and the van is involved in an accident, the employee could be eligible for workers' comp benefits.

4. Premises Exception

This exception applies when an injury occurs on the employer's premises, even if it's before or after regular work hours. Vermont courts have considered parking lots, walkways, and common areas owned or maintained by the employer to be extensions of the workplace.

For instance, slipping on an icy parking lot owned by the employer while heading into work may be compensable, even if the worker hadn't yet clocked in.

5. Dual Purpose Doctrine

When a trip serves both a personal and a business purpose, Vermont workers' compensation law allows for benefits under the dual-purpose rule. If the business purpose significantly contributes to the trip, an injury during the journey may be compensable.

Consider a scenario where an employee travels out of town for both a personal matter and to attend a work meeting. If the injury occurs during travel that benefits both employer and employee, compensation may be granted.

Vermont Case Law and Precedents

Vermont courts have considered various cases related to the going and coming rule, often focusing on the degree to which the activity served the employer's interest.

In Martin v. Randolph, the Vermont Supreme Court examined whether a carpenter injured while traveling to a job site qualified as a traveling employee. The court determined that, because his employment required travel to temporary work sites, the injury fell under the traveling employee exception.

These cases emphasize the importance of context, particularly the employer's role in the travel and whether the travel was necessary for job performance.

Employer Best Practices

For Vermont employers, understanding these exceptions is key to both preventing liability and supporting injured workers appropriately. Best practices include:

• Clear communication about when travel is job-related.
• Maintaining safe conditions on parking lots and sidewalks.
• Documenting company policies on employee transportation and errands.

Employers should also review whether their business activities inherently involve employee travel and consider adjusting workers' compensation policies accordingly.

What Injured Workers Should Do

If you were injured while commuting or traveling for work in Vermont, consider the following steps:

• Report the injury to your employer immediately.
• Document the nature and purpose of your travel.
• Seek legal advice to evaluate whether an exception may apply.

An experienced Vermont workers' compensation attorney can help assess your situation and gather the necessary documentation to support your claim.

Statistics and Impact

According to the National Safety Council, transportation incidents remain one of the leading causes of occupational fatalities, accounting for 38% of all work-related deaths in the U.S. in 2022. This underscores the importance of recognizing legitimate travel-related injuries.

Furthermore, the U.S. Bureau of Labor Statistics reports that nearly 10% of nonfatal occupational injuries involve transportation events. As Vermont's labor market continues to evolve with more flexible and remote work structures, applying these exceptions fairly is becoming increasingly important.

Conclusion

While Vermont's going and coming rule typically limits workers' compensation for commute-related injuries, several well-defined exceptions can provide a path to benefits. Understanding when these exceptions apply—such as during employer-directed errands, travel-based employment, or injuries on company premises—can make the difference between a denied claim and financial recovery.

Employees who experience travel-related injuries should not assume they're ineligible for compensation. Instead, it's worth exploring whether any of these exceptions may apply. Consulting with a knowledgeable Vermont workers' compensation attorney ensures that your rights are protected and that your claim is evaluated under the full scope of the law.

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

Navigating Vermont Workers’ Compensation claims 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.

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