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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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