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What is the going and coming rule?

If you are familiar with workers' compensation, you have likely been surprised at least once by how many types of injuries or circumstances are covered by workers' compensation. Being injured at a skating rink during a company party could qualify you for workers' compensation, for example. Generally speaking, any injury suffered during job-related activities or on behalf of your job is compensable. However, this is not the case for commuting.

Imagine you wake up on Monday morning, ready to start the week. You get dressed, hop in your car and on the way to your place of work, you get into a car accident. Because your commute was a necessary function of your job, you could be covered by workers' compensation for suffering a job-related injury, right? Wrong.

The going and coming rule establishes that a commute is not necessarily job-related, and you will likely be unable to recover compensation for any injuries suffered while on a commute. However, if you are required to drive to many different locations during your shift as a result of your job, then you might be able to recover compensation. Additionally, there are exceptions to the going and coming rule, such as whether or not you commute to and from work in a company car or if traveling is a major part of your job.

Because the coming and going rule can be very complex, and the specifics vary by state, it is highly recommended that injured workers consult with an attorney in order to learn more about what they can expect from a workers' compensation claim in their state. Workers' compensation laws in New York have seen some change recently, so New York residents are especially encouraged to consult with an attorney.

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Success Stories

  • A 43 year old ironworker who fell four stories and sustained injuries to his ankle while installing a staircase settled his claim for $1,500,000.00. The accident was due to the failure of the building owner and general contractor to provide a safe place to work.
  • A construction worker operating an asphalt roller settled his case for $525,000.00 when the edge of the roadway he was paving collapsed into a trench being dug by a subcontractor causing him to sustain injuries to his leg.
  • A 54 year old commuter settled his case against the NYCTA for $1,200,000.00. when he tripped and fell on a subway platform due to the pavement being in disrepair, causing him to fall forward and to strike his head on a train pulling into the station.
  • The estate of a 64 year old woman received a settlement of $425,000.00 after she was struck and killed by a speeding tractor trailer while crossing the street at the intersection of Richmond Terrace and Port Richmond Avenue.
  • A $1,200,000.00 settlement was reached on behalf of a 54 year old man from Staten Island, New York, who, while in the course of his employment as a bus driver, was rear-ended on the Garden State Parkway and caused to suffer injuries to his back and neck as well as a fractured rib and fractured pelvis.
  • A 47-year-old building superintendent who sustained injuries to his head and right side of his body due to a tripping hazard at his job site received a settlement of $300,000.00 from the electrical company performing work at the site.
  • A 43 year old construction worker was caused to sustain injuries to his back, shoulder and hand when the elevator he was riding malfunctioned and dropped 8 floors. He received $350,000.00 in the settlement of his claim against the building owner, maintenance company and elevator company.
  • The administrator of the estate of a 69 year old man who suffered stage four pressure sores while a patient at a Queens nursing home settled the case for $400,000.00 after the man died.
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