Going and Coming Rule
Going and Coming Rule: Recently, I have read several articles dealing with the issue of what to do if an employee suffers a job injury while driving to or from work. When workers compensation laws came into existence approximately 90 years ago, this was not much of a problem, but as society has grown more and more transient, workers compensation law has had to deal with this issue.
Traditionally, Alabama Workers Compensation law did not allow a worker who was injured while either driving to work, driving to perform personal errands or driving home after work, to collect workers compensation benefits if they suffered an injury during this time (although they could still proceed with any potential personal injury claim if applicable). However, as American society grew more mobile-with jobs oft time requiring lengthy commutes- Alabama workers’ compensation law has developed some exceptions to what it generally called the “going and coming rule.”
First, if while traveling to work or home, the worker is also doing something for their employer (classified as a “special errand”), then any injuries they sustain may be covered under our workers’ compensation law.
Secondly, some case law holds that in the situation where the employer pays for their employees’ travel to or from work, then any injuries would be considered compensable.
Lastly, if the employee was injured while performing activities incidental to employment (eg: going to lunch or restroom breaks), then any injuries sustained would be covered under Alabama’s workers’ compensation laws.
If you have suffered a job injury and you have questions about your rights under Alabama Workers Compensation laws, please do not hesitate to contact and speak with one of the experienced Alabama+ Workers Comp Lawyers at Powell and Denny today for a free consultation; and remember, virtual appointments are available through Zoom so you can meet with one of the attorneys of Powell and Denny from wherever you live.
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+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen and towns and cities in between.
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Going and Coming Rule