Getting hurt while simply trying to get to work can feel like the worst kind of bad luck. You are not clocked in yet, you are not on the job site, and suddenly you are facing medical bills, time off work, and real uncertainty about whether workers’ compensation applies. Many Florida workers are told right away that they are out of options because the injury happened during a commute. That explanation often leaves out critical details. Florida’s going and coming rule has important exceptions, and those exceptions regularly determine whether an injured worker receives benefits or is left to shoulder the loss alone.
This issue comes up more often than people realize, especially for employees who drive between locations, carry work equipment, or are asked to make stops before or after shifts. Understanding how Florida law treats commuting injuries can change the outcome of a claim entirely.
What the Going and Coming Rule Means Under Florida Workers’ Compensation Law
Under Florida workers’ compensation law, injuries are generally covered only if they arise out of and in the course of employment. The going and coming rule reflects that principle. In simple terms, injuries that occur while an employee is traveling to or from work are usually not compensable.
Florida Statute §440.092 specifically addresses this concept by excluding injuries sustained while traveling to or from work unless certain conditions apply. The statute exists because commuting is viewed as a personal activity, even though it is necessary for employment. This means that a routine car accident on the way to the office or a slip in a parking lot down the street from home is often denied at first glance.
However, the statute does not end the analysis. Florida courts and claims administrators must look at why the travel occurred, who benefited from it, and whether the employer exercised control over the activity.
Why the Going and Coming Rule Is Not Absolute in Florida
The biggest misconception about the going and coming rule is that it automatically blocks all claims involving travel. In reality, Florida workers’ compensation law recognizes that some travel is inseparable from the job itself. When travel serves a business purpose, the injury may be considered work related.
Florida Statute §440.09 reinforces this by requiring a connection between employment and injury. When the job requires movement beyond a fixed workplace, the risk of travel becomes part of the employment.
This distinction is where many valid claims are initially denied and later approved. Employers and insurers often apply the rule broadly, while injured workers may not realize that their circumstances fit an exception.
Common Florida Workers’ Comp Exceptions to the Going and Coming Rule
Florida recognizes several situations where a commuting injury can still qualify for workers’ compensation benefits. These exceptions are fact specific and depend heavily on how the job is structured.
The following circumstances frequently trigger coverage under Florida workers’ compensation law:
- Travel that is required as part of the job duties, such as driving between job sites or making deliveries
- Employer provided transportation or compensation for travel time or mileage
- Special errands or tasks performed at the employer’s request outside normal work hours
- Travel involving equipment, tools, or materials that benefit the employer
- Injuries occurring on property controlled or maintained by the employer
Each of these scenarios changes how the law views the risk. Instead of being a purely personal commute, the travel becomes an extension of the workday.
Job-Related Travel and Florida Workers’ Compensation Coverage
For employees whose jobs involve travel, the going and coming rule often does not apply at all. Construction workers, home health aides, sales representatives, and repair technicians commonly fall into this category.
If an employee’s workday includes traveling between locations or visiting clients, injuries during that travel are often compensable. Florida courts have repeatedly recognized that travel is part of the service provided to the employer. This means a car accident between job sites or a fall while exiting a vehicle at a client’s home may qualify for benefits.
The key factor is whether the travel primarily benefits the employer. When it does, Florida workers’ compensation law treats the risk as job related rather than personal.
Special Errands and Employer Requests in Florida Workers’ Comp Claims
Another important exception involves special errands. If an employer asks an employee to perform a task outside their normal commute, injuries during that travel may be covered.
Consider this sequence of events, which mirrors many real claims:
- An employer asks an employee to stop at a supply store before arriving at work
- The employee deviates from their normal route to complete that request
- An accident occurs during that deviation
- The injury is later denied as a commuting accident
In many Florida cases, that denial does not hold up. When the employer creates the need for the travel, the law often treats the trip as work related. The focus shifts from where the employee was going to why they were going there.
Employer Control and the Florida Going and Coming Rule
Control plays a major role in determining coverage. If an employer controls how, when, or where an employee travels, the injury is more likely to be compensable.
This includes situations where the employer dictates the route, requires use of a company vehicle, or pays for travel time. Even partial control can be enough to bring the injury within the scope of employment. Florida workers’ compensation judges regularly examine emails, schedules, and job descriptions to determine whether the employer exercised meaningful control over the travel.
Parking Lots and Premises-Related Injuries in Florida
Injuries that occur in parking lots often sit in a gray area. If the parking area is owned, maintained, or designated by the employer, injuries there may be covered even if the employee has not officially started their shift.
Florida law generally treats employer controlled premises as part of the workplace. That means a slip, fall, or vehicle incident in an employer owned parking lot can fall outside the going and coming rule. These cases depend heavily on property ownership and access rights, which are not always obvious to employees.
Why Florida Workers Often Lose These Claims at First
Many valid Florida workers’ compensation claims involving travel are denied initially. This happens because insurers rely on surface level facts such as location and time of injury. They may not investigate whether the employee was performing a work related task or benefiting the employer at the time.
Documentation matters in these cases. Text messages, dispatch records, mileage logs, and witness statements often provide the missing link between the travel and the job. Without that context, the claim may be wrongly categorized as a routine commute.
Examples That Illustrate Florida Workers’ Comp Travel Exceptions
Consider a home health aide in Florida who drives from patient to patient during the day. On the way to the first patient, she is involved in a car accident. Even though she had not yet arrived at a client’s home, the travel was required by the job. In many Florida cases, that injury is treated as compensable because the workday effectively began when the travel began.
Now consider a warehouse employee asked to pick up equipment on the way home. The employee leaves work, stops at the supplier as instructed, and is injured in the parking lot. Although the injury occurred after the normal shift ended, the task was for the employer’s benefit. Florida workers’ compensation law often recognizes this as a covered injury due to the special errand exception.
These situations show why blanket statements about commuting injuries can be misleading.
How a Florida Work Injury Lawyer Evaluates Going and Coming Rule Cases
A proper evaluation looks beyond the accident itself. A Florida work injury lawyer examines the employment relationship, the purpose of the travel, and the employer’s role in creating the risk.
This includes reviewing job descriptions, schedules, pay records, and communications. Small details often make the difference. A single instruction from a supervisor or a requirement to transport tools can shift a claim from denied to approved under Florida workers’ compensation law.
Why Timing Matters in Florida Workers’ Compensation Travel Claims
Florida workers’ compensation claims are time sensitive. Reporting requirements and deadlines still apply even when the injury happens off site. Waiting too long to report a commuting related injury can give insurers another reason to deny the claim.
Florida Statute §440.185 outlines reporting obligations for injured workers, and failure to comply can jeopardize benefits.
Prompt reporting also helps preserve evidence that may establish an exception to the going and coming rule.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If you were injured while traveling to or from work in Florida, do not assume the going and coming rule automatically disqualifies your workers’ compensation claim. Florida workers in construction, healthcare, delivery, sales, and many other industries are often hurt while performing travel that directly benefits their employer. These cases are frequently denied at first, even when the law supports coverage. Brandon J. Broderick, Attorney at Law understands how Florida workers’ compensation exceptions apply to real client situations, from car accidents during job related travel to injuries on employer controlled premises. If your injury happened during a commute that involved a work task, special errand, or employer direction, legal guidance can make the difference between a denied claim and the benefits you deserve.