Are You Covered by Workers’ Compensation While Commuting to and From Work?

By Rosalind Asch-Hobeck

Are You Covered By Workers' Compensation While Commuting to and from Work?

Whether an injury sustained on your way to work is covered by workers’ compensation depends on various factors. The details matter, and an experienced lawyer can help you navigate the complexities of your specific situation. There are many exceptions to the general rule, and those exceptions can make the difference between having your claim approved or denied.

The General Rule: The “Coming and Going” Rule

In most jurisdictions, including New York, the general rule is that injuries occurring while an employee is commuting to or from their workplace are not covered by workers’ compensation. This is commonly referred to as the “coming and going” rule. The logic behind this rule is that employees are not considered to be "on the clock" until they arrive at their place of employment and begin performing their job duties. Therefore, the employer is not legally responsible for injuries that occur outside the scope of employment, including the daily commute.

So, if you’re driving your own car to your job at a retail store, office, or warehouse, and you slip on ice in your apartment parking lot or get into a fender bender on the highway, you probably won’t be able to collect workers’ comp benefits for any injuries you suffer. The law views this kind of activity as a personal risk, not a work-related one.

However, as with most legal rules, there are important exceptions.

Exceptions to the Rule

Workers’ compensation law recognizes that not every situation fits neatly into the “coming and going” box. Over the years, several exceptions have been carved out to provide protection for workers whose travel was in some way related to their job responsibilities.

Here are some of the most common exceptions:

1. Special Mission or Errand

If your employer asks you to perform a task outside of your normal job duties or regular work hours—for example, stopping to pick something up on your way to work or delivering paperwork after hours—you may be covered while performing that task. This is known as the "special mission" or "special errand" exception.

Let’s say your supervisor calls you the night before and asks you to swing by a client’s office on your way to work to deliver an important contract. If you get into a car accident during that detour, you could have a viable claim for workers’ compensation benefits. That’s because your travel served a direct business purpose, even though it occurred during your normal commute.

2. Traveling Employees

Some jobs inherently require employees to travel between locations, whether occasionally or on a daily basis. Examples include delivery drivers, sales representatives, home health aides, consultants, and construction workers assigned to rotating job sites. These workers are often referred to as "traveling employees" or "outside workers."

If your job requires you to be on the road, and you’re injured during that travel—even on your way to the first location of the day—you may be covered. Courts recognize that travel is a necessary component of your work and not merely a personal choice.

A technician who drives from client to client to make repairs would likely be considered a traveling employee. If they trip and fall while getting out of the van in a client’s driveway, that injury would typically be compensable.

3. No Fixed Worksite

Some employees do not report to a central office or facility. Instead, their assignments change daily or weekly. If you’re a plumber, security guard, or IT support contractor who travels to different job sites based on customer needs, your travel may be considered part of your employment. In these cases, workers’ comp may cover injuries that happen during travel from home to the day’s assignment.

4. Employer-Provided Transportation

If your employer provides your transportation to and from work—such as a company shuttle, vanpool, or rideshare arrangement—injuries sustained during that ride may be covered. The theory is that when an employer exercises control over how the employee travels, the journey becomes part of the work experience.

However, this rule only applies when participation in the transportation is not purely voluntary. If the transportation is offered but not required, coverage may not apply unless other facts tip the scale in favor of the employee.

5. Parking Lot Injuries

Injuries that occur in a parking lot owned, maintained, or controlled by your employer may also be covered under workers’ comp, even if they happen before or after your shift. This includes accidents in garages, designated employee lots, or loading areas.

For example, if you slip and fall on ice in your employer’s parking lot while walking to your car after a shift, the injury may be compensable because the lot is considered part of the employment premises.

6. Dual-Purpose Travel

Sometimes travel serves both a personal and a business function. This is known as “dual-purpose” or “mixed-purpose” travel. If your trip serves your employer’s interest to some degree, and you’re injured along the way, you may qualify for benefits.

Imagine you’re on your way home from work but plan to stop at a supplier to pick up materials for a project. If you get injured during that stop, your employer’s purpose may be enough to bring the injury within workers’ compensation coverage.

Blurred Lines: Hybrid Roles and Gray Areas

Many modern jobs don’t follow the traditional model of clocking in and out at the same office every day. Remote work, hybrid schedules, flexible hours, and gig-style assignments have introduced new complexities into the workers’ comp system.

For example, a part-time employee who works remotely three days a week and in the office two days may argue that their home office is their primary worksite. If they trip on the stairs while walking from their bedroom to their home office to start the workday, is that covered? It depends on the specific facts, the employer’s expectations, and past rulings in similar cases.

Other gray areas include:

• Lunch breaks: If you leave the office to get lunch and are injured, the general rule is that you are not covered. However, if you were picking up lunch for your boss or for a company meeting, that might change things.
  
  

• Detours: If you deviate from your work route for purely personal reasons (e.g., stopping at the gym), and are injured during that detour, workers’ comp may not apply. But once you resume your work-related travel, coverage might resume as well.
  
  

Real-World Examples

Let’s look at how these principles apply in the real world:

• Example 1: A delivery driver slips and falls while carrying a package up a customer’s front steps. Covered.
  
  

• Example 2: A nurse employed by a staffing agency is injured in a car accident on the way to her assigned hospital for the day. Covered, because she has no fixed worksite.
  
  

• Example 3: An office employee is hit by another car while driving to work. Not covered, because it’s a normal commute.
  
  

• Example 4: A paralegal slips on ice in the law firm’s parking lot before their shift begins. Covered, if the employer owns or maintains the lot.
  
  

• Example 5: A contractor stops at Home Depot to buy supplies for a job after leaving the company warehouse. Covered, because the stop serves the employer’s business purpose.
  
  

Why It Matters

Workers’ compensation can provide critical financial protection if you’re injured on the job—or while performing job-related travel. Benefits may include:

• Medical treatment costs
  
  

• Wage replacement while you recover
  
  

• Compensation for permanent injuries
  
  

• Vocational rehabilitation if you can’t return to your old job
  
  

But if your injury happens during your commute, you might be surprised to learn that you’re not automatically covered. Understanding the exceptions could make a difference in whether you receive benefits or face financial strain.

What To Do If You’re Injured While Commuting

If you suffer an injury on your way to or from work, don’t assume you’re out of luck. Take these steps:

1. Document everything: Write down where and when the injury happened, what you were doing at the time, and whether your employer asked you to perform any specific tasks.
   
   

2. Report it promptly: Notify your employer as soon as possible—even if you’re unsure whether it’s covered.
   
   

3. Seek medical care: Get treatment and make sure to tell the provider that the injury may be work-related.
   
   

4. Consult an attorney: The insurance carrier may deny your claim based on the coming-and-going rule. An experienced attorney can help you prove that an exception applies.
   
   

Legal Help Can Make the Difference

Workers’ compensation law is complicated, and insurance companies are quick to deny claims that don’t fit the textbook definition of “on the job.” But the law recognizes that work sometimes begins before you step foot in the office and continues after you leave.

If you are injured on your way to or from work, consult an experienced New York workers’ compensation attorney as soon as possible to understand your rights and obligations. Your employer’s insurance company will have legal representation—you should too.

Let LawyerLanding.com connect you with experienced workers’ compensation attorneys in its network. Fill out the form, and an attorney will contact you to discuss your case. LawyerLanding.com is always free for injured workers, and workers’ compensation attorneys do not charge consultation or retainer fees—so don’t wait.

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