Every workplace has its share of hazards. If you sustain an injury at work, you may be eligible for financial restitution through a workers’ compensation claim. But what happens if you are hurt en route to work?
Your eligibility for compensation following an injury that happens while traveling to work depends on the circumstances of your case. Generally, injuries that happen outside the scope of your work are not covered by Pennsylvania’s workers’ comp laws. Such injuries fall under what is known as the “going and coming” rule. Per this rule, you may not be eligible for compensation for injuries sustained while traveling to and from work. The reason behind this? You were not working at the time the injury happened. Some exceptions exist though:
Exceptions to the “going and coming” rule
The exceptions to the “going and coming” rule fall under four broad categories:
- You are a “traveling employee.” In other words, you have no fixed place of work.
- Your employment contract comes with a “transportation to and from work” clause and the injury happened while you were traveling in the company’s vehicle.
- You were on a special assignment for your employer.
- You were furthering the employer’s interests while commuting.
If your circumstances meet any of the following conditions, you might have a strong worker’s comp claim. This, however, is not a guarantee. You still must meet other requirements like reporting your injury to your employer on time. Additionally, you must follow through with your treatment plan and file your claim within 3 years – the statute of limitations period.
Work-related injuries can happen when they’re least expected. Find out how you can assert your rights if the injury sustained on your way to work meets the requirements of the “going and coming” rule.
