In New York, accidents that occur during a work commute are usually not covered by workers’ compensation, but there are exceptions to this general rule.
In this article, I will discuss the following:
- The general “coming and going” rule in New York workers’ compensation, which basically says injuries occurring on the way to and from work are typically not compensable.
- Several common exceptions to the “coming and going” rule.
- A few things to consider if the insurance company or your employer has denied your workers’ compensation claim for an injury that occurred during your commute.
The “Coming and Going” Rule in New York Workers’ Compensation
The “coming and going” rule applies to accidents and injuries that occur while an employee is commuting to and from work. Under the rule, injuries that occur during a regular commute are usually not considered a work-related injury.
The rationale behind the rule is that there are certain general risks associated with commuting that all employees share, and that those risks are not specific to any certain form of employment. For that reason, injuries sustained on a typical commute will usually not be covered by workers’ compensation.
Let’s take a hypothetical example to help illustrate the rule in practice.
Imagine an office worker is on their way to work when they get into a car accident. The worker’s job requires them to work at the office Monday through Friday from 9 am to 5 pm. They commute by car to and from the office each day. The employer does not provide the means of transportation or pay for it at all. The worker is also not paid for their travel time during commutes. In other words, this is just a regular commute that is common to almost every office worker.
In this example, the “coming and going” rule would clearly apply, which means that the office worker would not be entitled to workers’ compensation benefits for the accident.
As you will see below, however, if we were to add certain additional facts to this example, the analysis could very well change such that the claim would be compensable. Let’s now take a look at some of the exceptions to the general rule.
Exceptions to New York’s “Coming and Going” Rule for Workers’ Compensation
There are a number of exceptions to the “coming and going” rule. In general, when the travel is reasonably and sufficiently related to one’s employment, the “coming and going” rule might not apply.
Determining whether a particular case involving travel might be an exception to the “coming and going” rule is a highly fact-specific inquiry. In other words, whether a travel-related accident is covered under workers’ compensation or not can turn on seemingly minor details, which is why a careful analysis of the facts is so important.
Let’s take a look at some examples that can qualify as exceptions to the “coming and going” rule such that they might be covered work-related accidents in New York.
- Outside workers without a fixed worksite, such as sales employees who are required to travel between work locations.
- Paid travel expenses. If the employer is paying for the worker’s travel expenses in some way, the injury might be considered work-related.
- Employer provided transportation. For example, if the employer provides some sort of shuttle service, that could make an injury compensable.
- Special errand or some work-related task benefiting the employer. For example, if your boss tells you to pick up some materials on your way to work, the accident that results from the change to your usual commute could be work-related.
- Work-related travel. For example, delivery drivers between stops since they are driving as part of their job duties.
- Special hazard. An example would be if your employer requires you to park in a certain lot and there is a particular hazard that causes an injury to you while walking from the lot towards the building where you work.
These are just some common examples of classic exceptions to the “coming and going” rule. One can think of countless other fact patterns that could result in an exception as well. Even within the categories above, a slight change or addition of just one to two minor facts could totally change whether the accident falls within the “coming and going” rule or qualifies as an exception to it.
Though the “coming and going” rule and its exceptions might seem complicated, the “big picture” idea is this: the more of a connection the travel has to the employment, the more likely that the “coming and going” rule might not apply.
To illustrate this point, let’s take a look at another hypothetical example.
Let’s say we have a hospital worker who parks their car in a parking lot and while on their way into the hospital where they work they slip and fall on a patch of ice. Would this be a covered work-related injury?
Well, it depends. We would need more information. Among other things, we would need to know:
- Was the employee required by their employer to park in this parking lot? If yes, that would be one factor in favor of the accident being work-related.
- Where exactly did the accident occur? The closer the accident happened to the employer’s premises, the more likely it could be a covered work accident.
- If the accident happened in the lot, who owned and/or maintained the lot? If it was the employer’s lot, the worker might be able to argue that this falls within a “gray area” such that the risks within the lot are connected to your employment. Even if the lot wasn’t your employer’s but they required you to park there, that can also make it sufficiently connected to your employment.
There are countless other questions and potential facts that could make a difference in the analysis here as well. As you can see, this is all very fact specific and ultimately may come down to which side can make the more persuasive argument before a judge of the New York State Workers’ Compensation Board.
What should I do if my claim was denied because my injury happened on my commute?
If the insurance company has denied your workers’ compensation claim citing the “coming and going rule” it is generally recommended to consider speaking with a workers’ compensation lawyer.
Most workers’ compensation lawyers – including here at the Law Office of Michael J. McConnell – offer free consultations to injured workers who have questions and concerns about their claim, especially those that have been denied by the insurance company.
In addition to considering legal counsel, there are often several other things you may want to think about in order to challenge the denial.
Here are some questions to think about, but again a workers’ compensation lawyer familiar with the facts of your case is certainly going to be in the best position to figure out what information is most relevant to fight back against the denial.
- Was this my regular commute to or from work?
- Was I performing any work-related task on this commute?
- Was there any special hazard related to this commute?
- Does my employer pay me for my commute? Do I get reimbursed for travel?
- If the injury happened while I was walking into work, how close to my employer’s premises did the accident happen?
Especially for those injuries that happen on foot as you are walking into work but not quite on your employer’s premises, it can be valuable to have photographs of the accident location and contact information for any witnesses who saw the accident. As alluded to above, a key fact in these types of cases can be how close in proximity to your work location the accident occurred. A photograph or two as well as witnesses who can corroborate the location of the accident can sometimes go a long way in showing that the “coming and going” rule should not apply.
Conclusion
While the “coming and going” rule usually excludes workers’ compensation claims for injuries during a regular commute, there are countless exceptions that require a detailed and fact-specific inquiry. Consulting with a workers’ compensation lawyer can be critical to ensuring that the insurance company doesn’t improperly deny you benefits based on the “coming and going” rule.
If you have been injured during your commute in New York, please contact the Law Office of Michael J. McConnell today for a free consultation.
Michael J. McConnell is a Westchester County workers’ compensation lawyer dedicated to helping injured workers throughout New York, including Yonkers, White Plains, Mount Vernon, New Rochelle, the Bronx, Manhattan, Queens, Brooklyn, Staten Island, Long Island, and Rockland County.
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