Angiuli & Gentile, LLP
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What is the going and coming rule?

People are often surprised by just how many different circumstances are covered by workers' compensation benefits. Its more than just accidents or injuries that occur while on the job. Certain other injuries that are job-related can also be covered, even including things like work-related parties. Except for commutes and a few other instances, if you suffered an injury while doing anything related to your job, you could recover compensation.

 

The going and coming rule refers to incidents in which you are commuting from your residence: going to work or coming from work. This means, for instance, that if you were injured in a car accident while commuting to work, you would not be able to take advantage of workers' compensation benefits just because you were going to work. This does not mean, however, that you can never recover compensation for injuries suffered while driving for job-related functions.

There are exceptions to the going and coming rule, including when driving a company car or when moving between multiple job sites during the workday. Also, if travel is a major part of your job duties, you could also be eligible for workers' compensation benefits. It can be difficult to know exactly when the rule does and does not apply to you, and that is why legal assistance is often critical.

Workers' compensation benefits are very simple to take advantage of, but determining whether or not your injury is even compensable is not always so simple. If you have suffered an injury on the job, and you believe that your injury should be covered by workers' compensation, consider meeting with an attorney who is familiar with New York workers' compensation laws.

 

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  • 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.
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  • 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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