Workers in Los Angeles who suffer injuries may assume that workers’ compensation benefits automatically apply to any work-related incident. However, specific legal principles, such as the coming and going rule, can affect whether an employee qualifies for these benefits. Understanding this rule is crucial for anyone pursuing compensation after a job-related injury, especially if the injury occurred during a commute or off-site work.
What Is the Coming and Going Rule in Workers’ Compensation
The coming and going rule generally excludes injuries sustained during an employee’s commute from being covered by workers’ compensation. This rule is based on the notion that traveling to and from work is not considered part of an employee’s job duties. Therefore, any injury during a routine commute is typically not eligible for compensation under standard workers’ comp policies.
However, there are exceptions to this rule. For instance, injuries sustained during travel may be covered if an employee travels as part of their job responsibilities, such as making deliveries or attending off-site meetings.
Does the Rule Apply to All Workers in Los Angeles
The coming-and-going rule applies to most employees, but there are exceptions that the Los Angeles job injury lawyer often explores when evaluating workers’ comp claims. Certain professions, such as traveling sales representatives, delivery drivers, and on-call workers, may be exempt from this rule due to the nature of their job responsibilities.
Employers in Los Angeles must also consider whether the employee’s travel was for a work-related purpose. If an injury occurs while an employee performs a task for their employer’s benefit, even outside regular work hours, the coming and going rule may not apply.
How the Coming and Going Rule Can Impact Your Workers’ Comp Claim
Your workers’ compensation claim could be denied if the coming-and-going rule applies to your case. Insurance companies often use this rule to argue that an injury sustained during a commute is not eligible for benefits.
For example, if you were injured in a car accident on your way to work, your claim might be denied under the coming-and-going rule. However, if you were traveling between job sites or performing a work-related errand at your employer’s request, the rule may not apply, and you could be entitled to compensation.
This is why it is essential to consult a Los Angeles job injury attorney who can evaluate the specifics of your case and help you determine whether any exceptions to the coming and going rule might apply.
When Are Injuries During Travel Covered by Workers’ Compensation
There are several situations in which injuries sustained during travel may be covered by workers’ compensation:
- Business Trips: If you are traveling for work purposes, any injuries sustained during the trip are likely covered.
- Employer-Provided Transportation: If your employer provides transportation, such as a company car or shuttle service, injuries during travel may be eligible for compensation.
- Errands and Special Missions: If you are performing a task requested by your employer outside regular working hours, any resulting injury may be covered.
- Travel Between Job Sites: If your job requires you to travel between multiple locations during your shift, injuries sustained during that travel are generally covered.
Common Scenarios Where the Coming and Going Rule May Apply
Several common scenarios highlight how the coming and going rule might affect workers’ compensation claims:
- Routine Commute: An injury during a normal commute to and from work is typically not covered.
- On-Call Workers: If an on-call worker is injured while responding to a job-related call, the coming-and-going rule may not apply.
- Errands During Work Hours: If an employee is injured while running an errand for their employer during work hours, workers’ compensation is more likely to cover the injury.
- Traveling Sales Representatives: Employees who travel as a core part of their job duties may be exempt from the coming and going rule.
How a Los Angeles Job Injury Lawyer Can Help
Navigating the complexities of the coming and going rule can be challenging. A Los Angeles job injury attorney can evaluate the details of your case and help determine whether your injury qualifies for workers’ compensation benefits. Legal professionals understand the nuances of California workers’ compensation laws and can identify if any exceptions apply to your situation.
At Koszdin, Fields & Sherry, the experienced attorneys handle various workplace injury cases, including those involving the coming and going rule. With a thorough understanding of the law, they ensure injured employees receive the benefits they deserve.
Conclusion
The coming and going rule can significantly impact a workers’ compensation claim, making it essential to understand whether it applies to your situation. Consulting a Los Angeles job injury lawyer can clarify and guide your eligibility for benefits. At Koszdin, Fields & Sherry, experienced attorneys, including Susan E. Fields, understand the complexities of workers’ compensation law and are dedicated to helping injured employees navigate the legal process. Koszdin, Fields & Sherry offers legal guidance for those seeking assistance with job injury cases—Schedule a Free Consultation at 323-375-5642.
