People are often injured on the way to or from work. They frequently ask whether their injury is covered under Pennsylvania workers’ compensation. The answer depends on the specific circumstances around your injury and job. PA workers’ compensation usually doesn’t cover juries such as those from car accidents on the way to work. However, employees may still be protected in certain situations.
If you believe one of these circumstances applies to you, Calhoon and Kaminsky P.C., are here to help you seek compensation for your injuries. Contact us today for a free case evaluation.
The “Coming and Going Rule”
Pennsylvania workers’ compensation protects employees if they are injured at the workplace. The “coming and going rule” states workers’ compensation generally does not apply when coming or going to work. An employee on their way to or from work is not usually acting within the scope of their employment. This is why Pennsylvania workers’ compensation law does not cover this. There are some exceptions to this rule, though.
Exceptions to the “Coming and Going Rule”
The exceptions to the “coming and going rule” involve showing that the employee was working under the scope of their employment when they were injured. Calhoon and Kaminsky P.C., can help you determine if any of the following “coming and going rule” exceptions apply to you:
- Traveling employees – Some employees don’t have a set workplace. This will often mean you’re covered by workers’ compensation while on the job, even if you aren’t at an actual workplace.
- Special assignments – Employers will sometimes send their employees out of the office to complete tasks. If you’re in an accident while on a special assignment for your employer, you may be eligible for compensation.
- Company car – Some workers are required to drive a company vehicle. They will usually have a contract that specifies workers’ compensation will cover them if an accident occurs with the company car.
- Furthering the interests of the employer – This broad exception is for employees working in the interest of their employer at the time of the injury. This means that you may be eligible for workers’ compensation if you can prove that an accident occurred while you were performing work-related tasks.
How Calhoon and Kaminsky P.C., Can Help You with Your “Coming and Going Rule” Workers’ Compensation Claim
Workers’ compensation insurance companies routinely deny workers’ compensation claims outside the workplace. It’s a good idea to contact an attorney to look at your specific facts to see if one of the above exceptions applies. Calhoon and Kaminsky P.C., can answer your questions and look into the specific facts of your injury to help you.
The law firm of Calhoon and Kaminsky P.C., represents injured workers’ disability throughout Pennsylvania, including but not limited to: Altoona, Harrisburg, Pottsville, Allentown, Reading, Bloomsburg, Easton, Bethlehem, Norristown, Bristol, Williamsport, State College, Wilkes-Barre, Scranton, Lancaster, Waynesboro, York and all cities in Bucks County, Chester County, Columbia County, Dauphin County, Delaware County, Lackawanna County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Montgomery County, Monroe County, Montour County, Northampton County, Northumberland County, Philadelphia County, Pike County, Schuylkill County, Wyoming County, and York County, PA. Our office is located at 2411 North Front Street, Harrisburg, PA. Contact us today for meeting locations at law offices throughout the state.
This post was originally published in July 2016 and has been updated for accuracy and comprehensiveness in January 2022.
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For more than 20 years, our attorneys have been helping injured workers navigate the complex Pennsylvania workers’ compensation system. We empower workers with the information and the representation they need to make the best decisions for themselves and their families’ future.
