The “Coming and Going” Rule: When is a Commute Accident Considered Work-Related in NJ?
For most New Jersey residents, the morning commute is just a necessary hurdle before the workday actually begins. But what happens if you are injured in a car accident on your way to or from work?
Generally, New Jersey workers’ compensation law follows the “Coming and Going” rule. This rule states that injuries sustained during a routine commute are not considered work-related, meaning you typically cannot claim workers’ comp benefits. However, as with most legal matters, there are significant exceptions. If your situation falls into one of these gray areas, having a skilled personal injury lawyer in New Jersey becomes essential to securing the benefits you deserve.
At The Law Office of Jordan B. Rickards in Milltown, we help clients navigate these complex boundaries every day. Here are five critical exceptions where your commute might actually count as “work.” Schedule a consultation today.
The “Special Mission” Exception
If your boss asks you to run an errand on your way in—like picking up bagels for a meeting or dropping off a package at the post office—you are likely covered. In the eyes of the law, you have deviated from your personal commute to perform a “special mission” for your employer. Once you start that errand, you are effectively “on the clock” regarding liability.
Employer-Controlled Transportation
Did the accident happen while you were in a company-owned vehicle? If your employer provides transportation, such as a company van, shuttle, or car, the “Coming and Going” rule often does not apply. Since the employer controls the method of travel, they may be responsible for your safety during that travel time.
Traveling Employees (No Fixed Office)
For home health aides, outside sales representatives, or service technicians, the road is the office. If you do not have a fixed work site and are required to travel to different locations daily, your commute is often considered part of your employment duties. A work accident lawyer can help prove that your travel was integral to your job, not just a commute.
The “Premises” Rule (Parking Lots)
In New Jersey, the “Coming and Going” rule usually ends the moment you arrive at your employer’s premises. But does “premises” include the parking lot? Often, yes. If your employer owns, maintains, or directs you to park in a specific lot, an accident occurring there—whether a slip and fall or a vehicle collision—is typically covered by workers’ compensation.
Paid Travel Time
If your employment contract specifically compensates you for the time spent traveling to and from work (not just a reimbursement for gas, but payment for the time), the courts generally view this as evidence that your commute is part of your workday.
SCHEDULE A CONSULTATION
Determining if your injury is work-related isn’t always straightforward. Insurance companies will almost always use the “Coming and Going” rule to deny your claim initially. That is why you need an experienced personal injury law firm to scrutinize the facts. If you’ve been hurt during a work-related commute, don’t assume you aren’t covered. Contact The Law Office of Jordan B. Rickards today.
