Car accidents are certainly a common reason for workers’ comp claims. Driving is very dangerous and there is always the potential for an accident, even if that driver doesn’t make a mistake. Injuries are a nearly constant threat for delivery drivers, semi-truck drivers, taxi drivers, bus drivers and many more.
But for many who do not drive for a living, the main way that driving intersects with their employment is that they have to commute to the office every day. If you’re in this position and you get involved in a crash during your commute, you may want to claim workers’ comp benefits. But can you do so even though you had not yet arrived at work?
Only in some situations
In many situations, you cannot claim workers comp benefits due to a commuting accident. The going-and-coming doctrine has already been established, and it says that only workers who are on the clock are covered. Someone who is commuting hasn’t yet signed in, so it’s not a work-related incident – even though they were driving to work.
But there can also be some gray areas. Maybe you don’t drive for a living, but your boss did ask you to pick up something for the office on your way in that morning. If so, giving you this “special mission” may mean that you do qualify for workers’ comp benefits because you were performing the duties of your job during your commute.
As you can imagine, this also leads to disputes between employees, employers and insurance companies. That’s why it’s critical that you understand all of your rights and exactly what legal steps you can take to seek proper compensation.
