The Going and Coming rule impose workers compensation limitation in many states. In California, the workers are liable to claim compensation for the injuries that occurred to them while they were working. However, the biggest question is, if the worker met with an accident while he/ she went out on business work purpose on his/ her vehicle, then is the employee liable for compensation?
To know about this, read the full blog, and know about this rule in detail.
It is designed so that it can provide a wide array of protection to Worker’ compensation and the workers who are injured.
How are the Going and Coming rule affecting Workers Comp Benefits?
The state usually sets the Worker’s Comp benefits for their respective states; it is pretty much similar in every state and legislation. In most of the places, according to jurisdiction:
- Workers can claim compensation from the employer for any injury in the workplace while working.
- The Worker is not present at work, as far as the injury occurred as a direct result of him/ her doing work in the workplace.
- The employer should not be negligent about the benefits to be provided to injured employees, but the employee’s negligence leads to an injury while working then it doesn’t disqualify him/ her from collecting the deserved benefits.
All these rules help the workers to overcome their injuries that are a result of a workplace accident. Some people have raised their voice saying that going to work was a work-related duty and one of the most critical components of their work.
If seen technically, it is true. However, the worker’s legislation is not designed to provide this kind of protection. As such, the going and coming rule limits the recovery for commuting injuries.
What is the required vehicle exception?
Perhaps the most notable exception is that the employer requires the employee to provide their vehicle in good condition of employment.
This means you have a vehicle that you are using to reach your workplace. You are required to secure it to travel to work. It is one of the ways that will help you get your benefits.
Except this, there are certain exceptions to the going and the coming rules that are: driving between work sites in Shifts; this can affect your claim and help you gain compensation for the injury. The mostly used exceptions are:
Special Errand Exception
If an employee is performing an errand and commuting in between, for the benefit of an employer, then the employee’s negligent attitude is within the scope of his or her employment, from the time the errand has begun to the time the errand has come to an end or ultimately leaves the errand due to personal reason.
A special Errand can be employees traveling after attending a work-related conference that is funded by the employer.
During Commuting Employer control
This exception comes into action when an employer overpowers his/ her rights on an employee, even when the employee is commuting. For example, an employee is supposed to wear a uniform while commuting to and from work. The employer controls the essence even during employee commuting time; then, the employee is under the Scope of Employment.
The major part of the duty is Traveling.
Suppose your standard job duty is traveling, then it is way beyond commuting between sites. This includes pilots, truck drivers, state trooper, bus driver. As far as the injury occurred to you is while you were doing your primary job duty and it even involves driving your car to the station for your work shift, all these things are covered in it.
Commuting in Company Car
Driving your car to work is spared from the Going and coming rule. But commuting in a vehicle owned by a company is covered in most of the states. In most of the states, the company car is utilized for traveling to and from a particular place. While in some of the states, the company car is used even more broadly. Like, a company logo inscribed on the car can be used anywhere for any work-related job.
According to state law, the time spent away on business trips is under the Scope of Employment. So, even though the employee attends a seminar related to work for just eight hours a day, then the time spent or the trip is considered as work-related.
Moving between multiple job sites
Utilizing your vehicle to reach different job sites within one shift is considered as a work-related usage in maximum states under Worker’s Comp Law. This can involve technicians who have to reach various destinations in their work time to provide services to different clients.
There is an abundant number of exceptions for the Going and coming rule. While there are vast exceptions that can be used efficiently to benefit the accidents occurred while you are at work. Most of the cases are adjudicated on; case by case basis and entirely depends on the specifics of the case.
To get the most benefits out of the case, it is essential to know every bit of the situation and proceed accordingly. These abundant number of exceptions and liberties are always known to an attorney who works for Workers benefits.
At PSLaw, the attorneys work only for worker’s rights and benefits. PSLaw team makes sure that every aspect of the case is well-versed, which helps build a strong case.
The day you call us, with your claim and details, PSLaw team checks everything about the case minutely, and the best attorney of the firm starts working on your claim.
You will have full liberty with the PSLaw team, and you are answered every query that you have by a lawyer. Our clients and their interests are our priority.
If you are also facing a similar kind of situation, do call or email us now, we are very quick in responding.
We are present in all the major cites in the State of California. You can visit our offices in Riverside, Corona, Hemet, Moreno Valley, Temecula, Palm Springs, and San Bernardino. We are here, with a group expert Attorney’s who will help you in every way.