Workers' Compensation and the "Coming and Going Rule"

There are clear guidelines for work-related accidents that occur while an employee is either on the way to or going home from work.

Generally, these types of accidents do not qualify for workers' compensation. However, there are some exceptions for employees whose job duties require extensive driving. Speak with a Missouri workers' compensation attorney if a large part of your employment entails driving and you are not being compensated for injuries sustained in an accident relating to that.

The Coming and Going Rule

The coming and going rule is specific to the time period before an employee technically begins and ends the work day. For example, a construction worker was killed in a car accident as he drove to work in the morning. His employer was denying the family his workers' compensation benefits, citing the coming and going rule. Yet in this situation, prevailing circumstances made that rule moot according to the Labor Board.

Case Study - Work-Related Activity During Commuting Time

The employee was driving a company truck that was full of heavy equipment belonging to the company and a necessary part of his workday. He was in the process of transporting this equipment to a job site, a part of his normal work day routine. In addition to this transport, police and medical witnesses were able to attest to the fact that that equipment was directly related to the extent of injury he sustained as it was thrust forward during the accident, striking him in the back of the head.

The Labor Board disagreed with the employer and felt strongly that the deceased was acting under the scope of his employment at the time of the accident. Having him transport machinery in a truck that was issued by the employer made his daily commute a part of his daily work responsibilities. The money he should have received had he survived the accident was put into a trust account for his minor child.

Missouri Workers' Compensation Attorney

Navigating these types of appeals is a tricky process, much like a civil court hearing. If you disagree with your employer’s decision in your workers' compensation case, it is your right to appeal it. Call The Law Office of James M. Hoffmann at (314) 361-4300. With our assistance, you may secure the compensation that you are entitled to.