The Law Offices of Goldfine & Bowles, P.C.
Get a Free Case Evaluation Now

What is the going and coming rule for a workers’ comp claim?

Depending on where an Illinois resident lives they may have a significant workday commute. Individuals who live near their places of enjoyment may not understand the grind that many individuals take on just to get from their homes to their offices each and every day. Depending on factors like distance, weather, and traffic, it can take a Peoria resident hours each day just to get to where they are employed to do their job.

Most individuals are not compensated for their commutes which mean that they must do their drives on their own time and on their own dime. As such, most drivers may not file for workers’ compensation benefits when they are injured in the process of driving to or home from their jobs. Unless commuting is a job responsibility of a person’s employment they will likely not be able to seek benefits for injuries sustained during such times.

This is known as the going and coming rule. As a worker leaves their job at the end of the day and prepares to start again as they commute in the next, they are not actually performing work-related duties. Therefore, their injuries from these travels cannot be considered work-related.

There are exceptions to the going and coming rule that readers can discuss with their workers’ compensation attorneys. For example, when a worker drives a company vehicle they may be able to argue that their time in the vehicle is work-related. These exceptions may allow injured individuals to file for and receive the compensation that they need to protect their financial well-being as they heal from their work-related harm.

Archives

FindLaw Network

View Our Video

Get A Free Case Evaluation Now