What Is the Coming and Going Rule?
Understanding the rules and regulations that govern fault and liability is essential for anyone involved in a motor vehicle crash. One important aspect of determining fault in a road accident is the “coming and going” rule. This legal principle can significantly impact the outcome of your injury case, so it is crucial to understand how it works.
If you are injured in a car crash, working with an experienced attorney is important to determine how the coming and going rule applies to your case. In this article, we explain what the coming and going rule is, how it applies to personal injury claims, and why it is important to consult with a lawyer at Charles E. Boyk Law Offices when dealing with such accidents. If you have questions about the coming and going rule, read on to find out more.
What Is the Coming and Going Rule?
The coming and going rule is a legal doctrine that often arises in cases involving employees and workplace injuries. It focuses on determining whether an injury sustained while an employee travels to or from work is compensable under workers’ compensation laws. According to the rule, injuries that occur during the commute between home and work are generally not covered by workers’ compensation benefits. However, there are exceptions to this rule, depending on the circumstances.
At its core, the coming and going rule limits the scope for when injuries sustained during a commute are considered part of the job. For example, if an employee is injured while traveling between home and their workplace, they typically cannot seek workers’ compensation. The logic behind this rule is that the injury occurred during a personal activity (i.e., commuting) rather than work-related duties. However, this rule does not always apply in every case, and various exceptions can make an employee’s injury eligible for compensation.
Exceptions to the Rule
While the coming and going rule generally excludes injuries that occur during their commute, several exceptions can alter the applicability of this rule, allowing individuals to seek compensation for injuries sustained during travel to or from work.
Running an Errand
If an employee is required to run an errand or perform a task for their employer while commuting, which could qualify as a “special mission,” they may be entitled to workers’ compensation benefits if injured during this detour. For example, if an employee is asked to pick up materials for their employer on the way to work and gets into an accident, their injury may be compensable.
Riding With an Employer
Other exceptions include where an employer provides transportation to and from work, as employees are classified as on the job during this commute. If injuries occur, they may be covered under workers’ compensation laws, as the employer is considered responsible for the employee’s safety during the commute.
Dual Purpose Doctrine
If an employee is commuting for both personal and work-related reasons, this may fall under the dual-purpose doctrine. For example, an injury sustained by a worker during a commute where they stopped by the office to pick up work-related materials on their way to a doctor’s appointment. In this case, the injury has arisen from personal and work-related activities, making it eligible for workers’ compensation.
Extension of Employment
The extension of employment exception applies when an employee is required to perform work duties away from the employer’s premises, even if the employee is not physically at the workplace. This could include tasks like visiting a client or attending a meeting. If an employee is injured while traveling to or from a work-related event, their injury might be compensable under workers’ compensation.
These exceptions illustrate that while the coming and going rule is a common principle, the rule may not apply in some cases. Understanding the nuances of this rule and how it might affect your specific case is crucial, particularly if you are injured while commuting to or from work.
Why Is This Important for Personal Injury Claims?
If you have been involved in an accident while traveling to or from work, understanding the coming and going rule is crucial in determining your eligibility for compensation. In many cases, an injured person will benefit from working with a skilled attorney who can help navigate the complexities of workers’ compensation laws and ensure their rights are protected.
For example, if you were involved in a car crash while commuting and believe that your injury may be your employer’s responsibility or related to a work task, an experienced attorney from our team can evaluate the specifics of your case and help determine whether you qualify for compensation. They will help gather evidence, file the necessary claims, and advocate on your behalf to ensure you receive the support you need during this challenging time.
How Can an Attorney Help With Workers’ Compensation and Personal Injury Cases?
If the coming and going rule applies to your accident, consulting with an attorney is essential to fully understand your legal options. Our firm can review your case, determine whether any exceptions to the rule are applicable, and help you pursue the most appropriate course of action. For instance, we can assess whether your injury occurred during a special mission or while performing a work-related task during your commute. Additionally, we can guide you through the steps of filing a claim for workers’ compensation or personal injury, helping you understand your rights and the potential for recovering damages.
Our team can help ensure you meet the claim deadlines and provide the necessary documentation to strengthen your case. With the right legal support, you can increase your chances of achieving a positive outcome in your case.
What To Do When Injured During Your Commute
If you have been involved in a car crash during your commute and believe your injury might fall under the coming and going rule, the first step is to seek medical attention. Whether or not the injury is work-related, it is essential to get prompt medical care to address any immediate concerns and document your injuries.
After receiving medical treatment, the next step is to contact a personal injury attorney who can evaluate your case and determine the appropriate legal actions. A skilled lawyer can help assess whether the coming and going rule applies to your situation and if any exceptions could make your injury compensable. They can also assist in gathering evidence, such as witness statements, accident reports, and medical records, to support your case.
Additionally, it is important to keep track of all related expenses, including medical bills, lost wages, and other costs associated with your injury. This documentation can be essential in pursuing a workers’ compensation claim or personal injury lawsuit.
Call an Experienced Attorney To Discuss How the Coming and Going Rule Impacts Your Case
If you are injured in a car crash during your commute, it is crucial to understand how the coming and going rule affects your ability to seek compensation. This legal principle generally prevents employees from receiving workers’ compensation for injuries sustained commuting to or from work, as these trips are typically considered outside the scope of work-related duties. However, there are notable exceptions to this rule that might apply to your case.
With an attorney’s expertise, you can better understand your rights and explore all potential avenues for compensation. Do not hesitate to contact a personal injury lawyer at Charles E. Boyk Law Offices if you are injured during your commute. We can assess the specifics of your situation, help you navigate the complexities of the law, advocate for your best interests, and help you pursue the compensation you deserve. If you are dealing with medical bills, lost wages, or the long-term effects of your injury, having the right legal support can make a significant difference in securing the financial relief necessary for your recovery. Call our team today to discuss your case with a seasoned personal injury lawyer.
