Workers’ compensation is a system of benefits designed to support employees who suffer injuries or illnesses related to their jobs. In New York, this system is guided by numerous rules and regulations to ensure that injured workers are adequately compensated. One key legal principle within the state’s workers’ compensation framework is the coming and going rule.
Every day, workers commute to and from their jobs in the Bronx. Some drive themselves to work. Others take public transportation, such as the bus or subway. In some cases, workers get to the workplace through employer-provided transportation. But what happens if a worker is injured in an accident during this commute?
What is the coming and going rule?
The coming and going rule generally states that injuries sustained while a worker is commuting are not covered by workers’ compensation. The reasoning behind this rule is that commuting is typically considered a personal activity and falls outside the scope of employment. Whether an employee is driving a car, taking the subway, or walking to their place of work in the Bronx, any injury that occurs during this time would generally not qualify for workers’ compensation benefits under this rule.
For example, if a Bronx-based office worker slips and falls on a subway platform while commuting to work, this injury would likely not be covered because the worker was not yet engaged in a job-related task. Likewise, if an employee is injured in a car accident while driving home from work, the coming and going rule would typically exclude the injury from workers’ compensation coverage.
Exceptions to the coming and going rule
While the general premise of the coming and going rule might seem straightforward, several important exceptions can make workers in the Bronx eligible for compensation, even if they were injured during their commute. These exceptions often involve situations where the employee’s commute can be seen as directly related to their job duties or when the employer exercises some level of control over the commute.
Traveling employees
Workers in the Bronx who hold jobs that require regular travel, such as sales representatives, repair technicians, or delivery drivers, may be covered by workers’ compensation during their commute. For these workers, traveling is considered part of their job duties, and injuries sustained while traveling for work purposes, whether by car, public transportation, or foot, are compensable.
Special errands or missions
Another exception involves situations where a worker is asked to perform a special errand or mission for their employer. If a worker is injured while completing a work-related task, even if it occurs during their normal commute, they may be eligible for workers’ compensation. For example, if an employer in the Bronx asks an employee to pick up supplies or drop off documents on their way to work, and the employee is injured in the process, this could be classified as a special mission, and the injury would likely be covered under workers’ compensation.
Employer-provided transportation
In some cases, employers provide transportation to and from the job site, whether through a company car, a shuttle service, or carpool arrangements. When an injury occurs while commuting in employer-provided transportation, workers’ compensation coverage may apply.
The reasoning here is that the employer has taken responsibility for the employee’s transportation, making the commute part of the job. For example, if a Bronx construction worker is injured while riding in a company shuttle to the job site, this injury could fall under the employer-provided transportation exception and be eligible for compensation.
Parking lot exception
If an employee is injured in a parking lot owned, controlled, or managed by the employer, they may be eligible for workers’ compensation benefits. In New York, courts have ruled that the employee is essentially “on the job” as soon as they enter employer-controlled premises. Therefore, a Bronx worker injured in their employer’s parking lot, whether walking to or from their car, may be eligible for compensation, as the parking lot is considered an extension of the workplace.
Work-from-home and remote workers
The rise of remote work has added another layer of complexity to the coming and going rule. For Bronx workers who operate from home, injuries sustained during what would traditionally be considered a commute may still be compensable if the injury occurs while the employee is performing work-related tasks. For example, if an employee working from home in the Bronx is injured while walking to a nearby coffee shop to meet a client, the injury might be considered work-related and eligible for workers’ compensation, even though it occurred outside the home office.
How a workers’ compensation lawyer can help
If you were injured while commuting for work in the Bronx, recovering workers’ compensation benefits can be difficult. Employers and insurers are likely to dispute your claim by arguing that the injury occurred outside the scope of employment, based on the coming and going rule.
They may claim that the commute is a personal activity not related to job duties. Additionally, they may challenge whether the injury occurred during a work-related task or question if the employee was on a "special mission" or using employer-provided transportation. Insurers may also scrutinize the timing, location, and activities involved to dispute the work-related nature of the injury.
That’s why it’s important to talk to an experienced New York workers’ compensation attorney as soon as possible. A lawyer can:
- Determine if an exception applies: They can assess if your case qualifies for an exception, such as employer-provided transportation or a special errand, ensuring your injury is linked to work duties.
- Gather evidence: The lawyer will collect necessary evidence, including medical records, employer communications, and witness statements, to support your claim.
- Guide you through the claims process: Filing a workers’ compensation claim can be complex. An attorney will manage all paperwork, meet deadlines, and navigate legal procedures to prevent delays or mistakes.
- Negotiate with insurers: Workers’ compensation insurers may attempt to minimize payouts. A lawyer will negotiate on your behalf to secure fair compensation for medical expenses, lost wages, and other damages.
- Represent you in appeals: If your claim is denied, your lawyer will represent you during hearings or appeals to advocate for your rights.
An attorney can also help you identify other potential sources of compensation. For example, if you were injured in a car accident, you may be able to file a personal injury claim against a third party, such as the other driver. If you were injured while using buses, subways, or trains, you may be able to file a claim against the transit authority.
Talk to a Bronx workers’ compensation attorney
In the Bronx, where many workers rely on public transportation or walk long distances as part of their daily commute, it’s important to get advice from a legal professional who understands the nuances of New York’s coming and going rule. With dense traffic, crowded subways, and busy streets, commuting injuries are not uncommon here. However, initial claims for benefits are often denied.
An experienced workers’ compensation attorney can determine whether your injury qualifies for compensation and, if it does, help you navigate the confusing New York’s workers’ compensation system. Having legal representation can make a big difference in ensuring your claim for benefits is successful.
