What is the Coming and Going Rule in Workers’ Compensation?

Generally, North Carolina workers’ compensation law covers injuries that are sustained as a result from an accident that occurs during the course of employment. As you might imagine, there are plenty of gray areas to workers’ compensation law. One of the main elements that must be proven in a workers’ compensation case is that the accident which gave rise to the injury occurred during the course of employment.

Generally, injuries that arise from an accident that occurred when the employee was driving to or from work are not covered under workers’ compensation law – this is why it is called the coming and going rule.

However, there are a few circumstances where an employee’s injuries may be covered even if they were driving to or from work:

–       If you are a “traveling salesman” and do not have a set time that you come into or out of work every day

–       If you are on the employer’s premises when the accident occurs

–       If you drive a company vehicle or are reimbursed for travel expenses by your employer

–       You are running a special errand for your employer, even if it is in your personal vehicle

–       You are traveling for your job, for example, on an overnight trip

If any of the above circumstances applies, then your injuries may be covered under workers’ compensation law.