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Going-And-Coming Rule Differs Among State Workers’ Comp Laws

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in Human Resources

Employers generally are not liable for employees' injuries sustained during routine travel to and from their regular place of work. This so-called "going-and-coming rule" is commonly recognized by states in the Workers' Comp arena. As with any rule, there are exceptions, particularly if an employer has control over or directs an employee's going-and-coming mission. Employees will try novel arguments to claim the exception.

 

Late For Work

A school bus driver in New Jersey was scheduled to work between 7:15 a.m. and 9:15 a.m. and between 2:15 p.m. and 4:15 p.m. each workday. She had an accident in her own car as she traveled to the bus yard for the afternoon shift. Her employer fought her Workers' Comp claim under the going-and-coming rule.

The employee claimed to be on her employer's "special mission" or "travel time." In fact, she was late for work and was injured during a block of time in which she earned wages...(register to read more)

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