Under the NC workers’ compensation law, employees can obtain financial benefits when they sustain an injury or illness in the course and scope of their employment. However, various legal doctrines define the “scope of employment” for workers’ comp eligibility, including the coming-and-going rule.
The coming-and-going rule generally excludes coverage of injuries sustained while traveling to and from work from the scope of workers’ compensation coverage unless an employee meets specific exceptions to the rule.
How the Coming-and-Going Rule Affects Workers’ Compensation Eligibility
The going-and-coming rule affects workers’ compensation eligibility by precluding employees from seeking workers’ comp benefits for injuries suffered in accidents that occur while commuting to or from work. The rule establishes that travel to and from work does not arise out of or occur during employment but instead constitutes a hazard experienced by anyone traveling for any purpose.
Employees who get hurt in accidents while traveling to and from work cannot seek workers’ compensation coverage unless they establish one or more exceptions to the going-and-coming rule.
Exceptions to the Coming-and-Going Rule in NC Workers’ Compensation Law
In North Carolina, several exceptions to the coming-and-going rule allow workers to file claims for workers’ compensation for injuries sustained while traveling to and from work.
These exceptions include:
- An injury occurs on the employer’s premises. Although an employee’s workday begins and ends when they clock in and out of work, with travel to or from work defined by clocking in or out, courts have recognized an exception to the coming-and-going rule for injuries that occur on an employer-owned property as an employee walks into work, such as a slip-and-fall accident that occurs in an employer’s parking lot.
- An injury occurs while an employee performs a “special errand” for the employer. Under the special errand exception, an employee can obtain workers’ comp benefits for injuries suffered while traveling to or from work if their employer requires them to perform an errand or task during their trip, such as gathering supplies for the day’s work.
- The employer provides transportation to the employee under an employment agreement or compensates them for transportation costs. Employers must provide workers’ comp coverage for an employee’s travel to or from work if the employer provides transportation, such as a work vehicle the employee can take home. Employees who travel directly from home to a worksite other than the employer’s premises may also qualify for workers’ compensation. For example, a home health nurse who begins the day by driving to the first patient’s home or a traveling salesperson who goes to the first client’s office could be entitled to benefits if a motor vehicle accident occurs en route.
How Kornbluth Ginsberg Can Help with Your NC Workers’ Comp Claim
The legal team at Kornbluth Ginsberg Law Group, P.A., can help you seek workers’ compensation benefits in a case involving the going-and-coming rule.
They can help you by:
- Investigating the circumstances surrounding your accident
- Reviewing the facts and evidence to determine whether your injuries occurred in the course of your employment or whether exceptions to the coming-and-going rule apply
- Documenting your injuries and expenses and losses to determine what benefits you deserve to recover
- Filing your workers’ compensation claims and representing you during negotiations
- Representing you at workers’ comp hearings and appeals if your claim is denied or undervalued
Contact Kornbluth Ginsberg today for a free, no-obligation consultation with a workers’ compensation attorney to learn how North Carolina’s coming-and-going rule may affect your workers’ comp eligibility.
