The Coming And Going Rule
Many drivers on their way to or away from work unfortunately get into car accidents. Generally in Massachusetts, if you are injured on the job, regardless of how the accident happened, and even if you are at fault, you are entitled to file a claim for workers comp benefits. But what if you are injured driving to, or from, your workplace? What if you slip and fall while walking to work? What if while walking to work you get hit by a motor vehicle? Those situations oftentimes bar injured employees from workers comp benefits in Massachusetts.
What Is The Coming And Going Rule?
Massachusetts workers compensation law covers “an employee who . . . receives a personal injury arising out of and in the course of his employment, or arising out of an ordinary risk of the street while actually engaged, with his employer’s authorization, in the business affairs or undertakings of his employer.” This is found at MGL, s. 26.
For example, if you are a driver and during work hours you are injured in a car accident, you are eligible for workers compensation benefits. But what if you are injured in a car wreck that is not your fault while going to, or coming from work? Generally, this will not be considered a compensable loss under this rule. Similarly, if you walk to work and are involved in a slip and fall accident, or if you are a pedestrian hit by a car, the coming and going rule will preclude you from the workers compensation benefits. There are however some narrow exceptions to this rule.
For example, if you do not work in a fixed location and travel for work to different locations, the coming and going rule may not apply.
If you find yourself needing a workers compensation attorney in Massachusetts, call today for your free, no-obligation consultation today.