Commuting is becoming more selective in modern society. Once, everyone was expected to commute to and from the office each day. However, as remote and hybrid work prevail, travel for work is more likely to be directly related to your job tasks and duties as opposed to the simple route between the workplace and home.
More than ever, the details of the New Jersey “Coming and Going Rule” are taking center stage when employees are injured on the commute to or from a work location.
Understanding the “Coming and Going Rule”
The “Coming and Going Rule” is a significant aspect of workers’ compensation law that addresses the circumstances under which an employee is deemed to be in the course of employment while commuting. Under N.J.S.A. 34:15-36, employment is considered to begin when an employee arrives at the workplace and concludes upon their departure, effectively excluding travel to and from work as part of their employment. This limitation means that injuries sustained during regular commutes are generally not compensable under workers’ compensation claims unless exceptions apply. Notably, if an employee is required to perform job-related duties during their commute or if they utilize an employer’s vehicle for travel, the circumstances may alter the application of this rule.
However, certain professionals, such as police officers, firefighters, or emergency response team members, fall under specific exceptions to the “Coming and Going Rule.” As stipulated in the statute, when these workers respond to emergencies, their travel is considered to be in the course of employment. This recognition is essential, as it extends coverage for injuries sustained during travel to emergencies, ensuring that those who serve critical roles are protected while they perform their duties even outside traditional work hours. Ultimately, understanding the nuances of the “Coming and Going Rule” within the framework of New Jersey law is crucial for both employees and employers navigating the complexities of workers’ compensation claims.
Exceptions to the Rule: When Commuting is Considered Part of Employment
There are several situations where a worker’s commute is considered part of their job duties. These cases are exceptions to the coming and going rule, which excludes commuting from workers’ compensation. When can a commuting accident be considered a workplace injury?
On a Special Errand
Usually, driving your vehicle outside of the workplace is considered private. However, the “special errand exception” is when you have been sent on a task by your employer that involves driving your car. For example, being sent to pick up supplies or even lunch by your boss makes your drive a work-related task.
Traveling to a Job Site
Employees with a changing work location can often consider their commute, at least to the site, as part of the job and therefore eligible for workers’ compensation if an accident occurs. Traveling between work sites or to variable work sites is not a typical commute.
On a Business Trip
If all of your travel is being sponsored by your employer, then commuting to and from the workplace may be considered a work task. This includes when you are traveling on a business trip and commuting between the hotel and the office.
Using a Company Vehicle
If you have been given permission or assigned to use employer-provided transportation, you may be eligible for workers’ compensation in an accident. This includes both driving the company car to approved locations or taking a company-provided shuttle.
What to Do if You Get Injured During Your Commute
Even if you believe that your commuting accident should be covered by workers’ compensation, it is important to take the right steps to ensure your claim’s success.
- Call for Medical Assistance: If you are badly injured, begin by calling for medical assistance to come to your location.
- Collect Information and Witnesses: Take photos of the scene and ask for witness contact information.
- Report the Accident to Your Employer: File a report with your employer regarding the injury, location, and circumstances.
- Contact an Experienced Worker’s Compensation Lawyer: Consult with an experienced worker’s compensation attorney to understand your rights and options for filing a claim.
While commuting may not always be considered part of employment under workers’ compensation law in New Jersey, there are other ways to pursue compensation for injuries through personal injury claims or other benefits. Understanding your rights and legal options is crucial in protecting yourself as an employee in the event of a commuting accident.
Schedule a Free Consultation with an Experienced Workers’ Compensation Lawyer at the Law Offices of Craig A. Altman
The NJ “Coming and Going Rule” complicates the matter of whether injuries on your commute qualify for workers’ compensation benefits. Some commutes will qualify while others will not. Seeking legal representation after an injury can help you determine what benefits you may qualify for and how to defend your case should you file a workers’ compensation claim. Contact the Law Offices of Craig A. Altman for personalized legal guidance on workers’ compensation claims in New Jersey.
