Can I Get Workers’ Comp for an Accident During My Commute?

workers compensation attorney in Sacramento

In most cases, workers’ compensation does not cover injuries sustained during your regular commute to and from work. This is because California law generally considers commuting a personal activity, not directly related to your job duties. However, there are some important exceptions where you may still be eligible for workers’ compensation benefits.

If your employer asked you to run an errand or perform a task during your commute, and you were injured while carrying out that task, this might qualify for workers’ compensation under the Special Mission Exception. Additionally, if your employer provides or arranges transportation, such as a company car or shuttle, and you’re injured during that commute, your injury could be covered.

If you’ve been injured during your commute and believe one of these exceptions might apply to your situation, it’s important to seek legal advice. At Mehlhop & Vogt Law Offices, we can help you understand your rights and determine if you’re eligible for workers’ compensation. Contact us today for a free consultation, and let us help you secure the benefits you deserve.

The Going-and-Coming Rule

The Going-and-Coming Rule in California workers’ compensation law generally states that injuries sustained while an employee is commuting to or from work are not covered by workers’ compensation. This rule is based on the idea that commuting is not considered part of an employee’s work duties. However, there are exceptions to this rule. For example, if you are performing a work-related task during your commute, such as running an errand for your employer, or if your job requires you to travel as part of your duties, your injury may still be covered by workers’ compensation. Understanding the specifics of this rule can be complex, and it’s important to consult with an experienced attorney to determine whether your situation qualifies for an exception.

Exceptions to the Going-and-Coming Rule

Exceptions to the Going-and-Coming Rule in California workers’ compensation law allow certain injuries sustained during commuting to be covered. Some of the key exceptions include:

• Special Mission Exception: If your employer asks you to perform a task or run an errand outside of your regular work duties or hours, and you’re injured during this task, you may be eligible for workers’ compensation.
• Traveling Employee Exception: If your job requires you to travel as part of your duties, such as a salesperson or delivery driver, injuries sustained during travel are typically covered.
• Employer-Provided Transportation Exception: If your employer provides transportation to and from work, and you’re injured while using this transportation, your injury may be covered.
• Worksite Proximity Exception: If the injury occurs near your workplace or in an area controlled by your employer, it might be covered under workers’ compensation.

These exceptions can be nuanced, so it’s important to consult with an experienced attorney to determine if your situation qualifies for coverage under these rules.

Special Mission Exception

The Special Mission Exception in California workers’ compensation law applies when an employee is injured while performing a task or errand at the request of their employer, outside of their regular work duties or hours. Even if the task occurs during the employee’s normal commute or outside of the workplace, the injury may still be covered by workers’ compensation. This exception recognizes that the employee is acting on behalf of the employer, making the activity work-related and therefore eligible for compensation if an injury occurs.

Employer-Provided Transportation

Under California workers’ compensation law, the Employer-Provided Transportation Exception applies when an employee is injured while using transportation provided or arranged by the employer. If your employer offers a company vehicle, shuttle, or any other form of transportation to and from work, and you are injured during that commute, the injury may be covered by workers’ compensation. This exception acknowledges that the commute becomes part of the work-related activities when the employer is responsible for the transportation.

Work-From-Home Scenarios

In California workers’ compensation law, work-from-home scenarios can be covered if an injury occurs while the employee is performing work-related duties in their home environment. Since the home is considered an extension of the workplace when remote work is involved, injuries sustained during tasks that are part of your job may be eligible for workers’ compensation. However, the challenge is proving that the injury happened during work-related activities rather than personal activities. Clear documentation of your work schedule and tasks can be important in

Contact workers compensation Lawyer in Sacramento

If you’ve been injured while working from home and are unsure if your injury qualifies for workers’ compensation, don’t hesitate to reach out to us at Mehlhop & Vogt Law Offices. We can help you navigate the complexities of your case and ensure your rights are protected. Contact us today for a free consultation, and let us provide the guidance you need to secure the benefits you deserve.

Contact workers compensation attorney in Sacramento

Have you suffered a serious work injury? Contact a Sacramento workers’ compensation attorney at the Mehlhop & Vogt Law Offices for FREE consultation about your California workers compensation claim benefits. We’ve been helping injured workers since 1987 and are certified by the State Bar of California.

Give us a call at (916) 930-9675 to speak with a Sacramento Workers’ Compensation Attorney Today.