The Exceptions on the Going and Coming Rule in California

The Exceptions on the Going and Coming Rule in California

Accidents occur every day, some minor and don’t have much of an impact on the person. Other injuries, however, are more severe, significantly changing how they function in their day-to-day life. In some cases, an injury can even affect a person’s livelihood, preventing them from reporting to work while they recover.

Even though the workplace is regarded as a relatively safe place, some employees suffer injuries at work. In California alone, the number of work-related injury fatalities rose again to 451 the last couple of years!

Suffering From Injuries to and From Work

The incident is automatically classified as a workplace injury once you get into an accident while at work, but some instances aren’t easy to determine. Sometimes, employees also suffer injuries while traveling to and from the office.

Given the many Californians driving personal and company vehicles to reach their workplace, some would wonder whether they would be compensated for the injury they sustained in a motor vehicle accident.

Although the general rule of California Workers’ Compensation law states that worker’s compensation law won’t cover you if you were commuting to and from work, there are several exceptions to this general rule.

Exceptions to the General Rule

While the Going and Coming Rule denies workers compensation benefits to employees injured while commuting to work and home from work, it’s only based on the premise that the employers derive no benefit when the worker is commuting.

The many exceptions to the Going and Coming Rule apply to more factual situations than the general rule. Read on below to learn about some of the exceptions to the general rule:

1. Employer Pays for Commute

Workers’ compensation will cover an employer’s injury if the employer has been directly involved in arranging the worker’s transportation so that they can come to work. As long as the employer benefits from compensating the worker’s commute, an exception to the going and coming rule is created.

2. Personal Vehicle Is an Implied Condition of Employment

An employee usually wouldn’t be compensated when driving using their personal vehicle. However, when an employee must report to several job sites miles away from each other, and the employer doesn’t provide transportation, their situation is exempted from the Going and Coming rule.

3. Worker Uses Vehicle to Run Errands for Employer

Even though the employee isn’t outright required to use their personal vehicle to run errands for the employer, a practice has been developed where the worker drives their car to run errands. Since the vehicle has become an accommodation to the employer, the worker will receive their benefits when they suffer an injury while driving.

Conclusion

No matter the industry you’re working in, accidents can happen. As such, it’s crucial to have a work accident lawyer in contact and learn about the California Workers’ Compensation law, and its exceptions to protect your rights and claim your benefits should something happen to you.

If you’ve suffered a workplace injury, don’t hesitate to ask for help from our workers' compensation attorneys at Pacific Workers', The Lawyers for Injured Workers. With more than 130 years of combined experience, we have established a respectable name for ourselves in the Bay Area. Contact our firm today 800-606-6999. Request a free case evaluation today!