Injured on the Way to Work? What NY’s Workers’ Comp Law Really Covers

Work-related injuries don’t always happen on-site. According to the National Safety Council, over 25,000 off-the-job deaths are caused by car accidents, including commutes. Many workers automatically assume they won’t qualify for benefits because the accident occurred off-site. And while most situations aren’t covered, there are a handful of exceptions New York’s workers’ comp law makes for certain work-related travel.

What Is The “Coming and Going” Rule in New York?

The state’s workers’ compensation system typically doesn’t cover you during ordinary commutes. This is due to New York’s “coming and going rule,” which excludes most of these types of accidents. The logic behind this rule is that employers aren’t in charge of your time once you clock out. Even if commuting is an essential part of the work experience, it’s still considered an off-the-job activity.

Exceptions To This Rule

While this rule applies to most commuting situations, the state made a few clear exceptions where it doesn’t apply, including:

Driving A Company Vehicle

If you’re caught up in an accident while driving a company vehicle you may qualify for compensation. For example, if you’re a delivery driver dropping off a package, you’ll likely be covered because you were doing something work-related. The same logic applies if you commute to work using a company-owned or leased vehicle. Your case’s outcome will depend on what you were doing at the time of the accident and whether it’s clearly connected to your work duties. 

Business-Related Travel

Any business-related travel, including work errands, deliveries, or driving between job sites, is considered “on-the-clock” and legally eligible for workers’ comp. The exception also applies to workers who don’t work in a fixed location, such as:

• Home health aides
• Construction supervisors
• Delivery drivers
• Truck drivers
• Sales representatives

As long as you have proof you were doing something work-related during the accident, you may be eligible for benefits.

Accidents On Company Property

Any accident you have on company property is eligible for compensation. This includes parking lots, on roads, or anywhere else that’s under your employer’s control. For example, say you pulled out of your employer’s driveway and got into an accident. In this case, they’d be responsible because the accident occurred on the premises, even if you weren’t technically working at the time.

Special Errands

It’s not uncommon for an employer to send workers on errands outside of their usual work duties. If you’re out on one of these missions and get into an accident, your boss will be responsible for any damages since what you were doing was considered a part of your work duties. This same situation would still apply even if it happened outside scheduled hours.

Speak To A Workers’ Comp Lawyer Today

While New York’s “coming and going rule” bars most commuting accidents, there are some scenarios where you may be eligible for benefits. Our experienced workers’ compensation lawyers will analyze your situation and determine whether you have a case. If you do, we’ll help you gather the right evidence and ensure you receive the benefits you’re entitled to.  Please contact us at 855-905-4452 to schedule a free consultation with us today.