Comings and Goings: When Does Workers’ Comp Kick In?

Many employers are unclear on whether employees who are injured while traveling from home to work, or vice versa, are entitled to workers’ comp benefits.

The confusion is understandable. Although the workers’ comp system generally excludes coverage in this situation under what is known as the “going and coming rule,” California courts have acknowledged many exceptions.

Exceptions to the Going and Coming Rule

Evaluating whether a particular injury falls within an exception to the going and coming rule is tricky. Luckily, your workers’ comp carrier will have primary responsibility for making this decision.

Nevertheless, you need to be familiar with the general concept, as well as potential exceptions, to effectively implement proper workers’ comp procedures.

The exceptions discussed below highlight a number of instances in which injured employees have received workers’ comp benefits despite being injured while going to or coming home from work.

Your complete reference guide to workers’ comp in California – find out more!

Exception 1: Travel incidental to employment

Employees injured while traveling to or from work for reasons related to their employment may be entitled to workers’ comp benefits because the purpose of their travel is considered “incidental to employment.” This includes when employers pay employees for travel time and expenses.

For example, if you require an employee to attend your product launch presentation at an off-site location, the employee will likely be covered for injuries he or she sustains during the commute to or from the event.

Exception 2: Special errand or mission for the employer

An employer that regularly has an employee use his or her personal vehicle to run errands for the employer during the workday may be liable for injuries the employee suffers traveling to or from work if it appears the employee’s personal vehicle use has become an accommodation to the employer.

Exception 3: Required vehicle

If an employer requires a new employee to have his or her personal vehicle available to use occasionally for work purposes, this requirement may be considered a condition of employment. The requirement may be “express” (clearly stated by the employer) or “implied” (assumed as part of the employee’s job responsibilities).

Other Exceptions

There are 6 other exceptions to the going and coming rule in California. For full details on these exceptions and everything else you need to know about administering workers’ comp, check out our exclusive HR Management & Compliance Report, Workers’ Compensation in California: A Complete Guide for California Employers.

Workers’ comp is one of the few areas of employment law that are almost entirely governed at the state level. And it’s complicated, to say the least:

• What qualifies as a covered injury or illness?
• Should you self-insure?
• Who’s entitled to workers’ comp benefits?
• What do you need to know about the State Compensation Insurance Fund (SCIF)?
• How are premiums calculated—and how can you keep yours as low as possible?
• What should be included in your Injury & Illness Prevention Program (IIPP)?
• What workers’ comp notices must you distribute to employees—and when?
• How do you properly calculate benefits for injured employees?
• What should your return-to-work program look like?
• How does workers’ comp interact with other state and federal leave laws, including FMLA/CFRA and ADA/FEHA?
• What can you do to reduce the risk of workers’ comp disputes—and fraud?
• How should you respond to a workers’ comp-related lawsuit?

Fortunately, answers to all of these questions and more are covered in depth in our comprehensive, 136-page HR Management & Compliance Report, Workers’ Compensation in California: A Complete Guide for California Employers.

This exclusive report includes everything you need to know for successful management of your company’s workers’ comp program. Order your copy today—your satisfaction is 100 percent guaranteed.

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