If you are injured on your way to or from work, are you covered by workers’ compensation if you get injured? In the state of Massachusetts, your commute to the workplace and back to your home is usually not covered. However, there are a number of exceptions you should know about. A qualified workers’ comp lawyer can go over these exceptions with you and determine whether you fall into any of the categories.
What is the “Going and Coming Rule”?
In Massachusetts, the “going and coming rule” states that employees who are hurt on their way to or from work are not eligible for workers’ compensation benefits. Essentially, the rule is that workers’ comp coverage does not begin until you actually arrive at the workplace.
Exceptions to the “Going and Coming Rule”
There are several exceptions to this “going and coming rule” in the state of Massachusetts. The four main exceptions are:
- Benefit to the employer
You may be eligible for workers’ compensation if you are required to be away from your workplace or home to perform duties that benefit your employer. For example, if you are on a business trip and get injured returning to your hotel room after a dinner with a client, you could be eligible for workers’ compensation.
- Special missions
If your employer requires you to perform a certain work task or special mission which interrupts your normal commute to work, you could receive workers’ comp for any injuries you sustain. For example, if your employer tells you to pick up something on the way back from your lunch break and you get injured during that time, you may be entitled to benefits.
- Property under employer’s control
If you are injured on your employer’s property after punching out, you could still receive workers’ comp benefits. For example, if you started walking to your car to go home and were injured on property controlled by your employer (sidewalks, parking lots, etc.), you may be covered by workers’ comp.
- Outside of business hours
If you are required to perform a work-related duty outside of your regular business hours, you could receive compensation for any injuries you sustained while performing those duties.
Contact a Massachusetts Workers’ Comp Attorney
As you can see, the “going and coming rule” isn’t as simple as it seems. There are even more exceptions than the ones mentioned here since there are so many circumstances that could potentially happen. If you think you could be entitled to workers’ compensation, but are not sure if you are actually eligible, our workers’ comp attorneys at Powers & Caccavale can help clear up the confusion. Speak with a trusted attorney today to find out your options. Fill out our free case evaluation or call us at (617) 379-0016.