Going and Coming Rule: Workers' Comp Exceptions in Kentucky

When does a commute count as work? Kentucky's "going and coming" rule holds the answer—but not without exceptions that could impact your claim.

What Is the Going and Coming Rule in Kentucky Workers’ Compensation?

In most Kentucky workers’ compensation claims, injuries must occur within the scope of employment to be eligible for benefits. The “going and coming” rule narrows this definition by excluding injuries sustained during an employee’s normal commute. In other words, if you're injured on your way to or from work, you typically can't claim workers' comp.

However, this rule has several exceptions—each of which could open the door to benefits if specific conditions are met. Understanding these exceptions is key to determining whether your injury qualifies.

Key Exceptions to Kentucky’s Going and Coming Rule

Traveling Employees

Some jobs require employees to travel regularly or stay on assignment away from the employer’s primary location. These “traveling employees” may be covered throughout their journey—even during times that wouldn’t count for a typical commuter.

What Qualifies as a Traveling Employee?

Jobs that involve frequent driving (e.g., salespeople, inspectors, field technicians)
Temporary worksite assignments
Overnight travel on behalf of the employer

As long as the travel serves a business purpose and the employee isn’t engaged in a significant personal detour, injuries are generally compensable.

Employer-Provided Transportation

If your employer provides transportation—such as a company vehicle, shuttle service, or reimbursed transit—the commute may become part of your employment.

When Employer-Provided Rides Are Covered:

You’re required to use the provided transport as part of your job
The employer controls the vehicle or route
Transportation is a condition of employment

For example, if you're required to drive a company van to transport tools and you’re injured en route, your injury might be compensable.

Work-Related Errands or Special Missions

If you're running an errand or performing a task at your employer's request outside of normal duties or hours, that travel is generally considered work-related—even if it occurs during your commute.

Common Scenarios:

Picking up supplies before a shift
Delivering documents after hours
Attending a mandatory offsite meeting

Courts often recognize these situations as “special missions,” where the going and coming rule no longer applies.

Premises Exception

Kentucky law may extend coverage to injuries occurring on the employer's premises—even if the employee hasn't yet clocked in or has already clocked out.

Coverage Can Apply If:

The injury occurs in the company parking lot or entryway
The area is owned, controlled, or maintained by the employer
The employee is arriving or departing in a reasonable timeframe

The critical factor here is control—if the employer manages the space, the worker may be entitled to benefits.

Dual-Purpose Doctrine

When an employee is traveling for both personal and business reasons, and the business reason is a significant factor, injuries during that trip might be compensable under Kentucky law.

Example:

If you're traveling to a conference for your employer but decide to visit family nearby during the same trip, an injury sustained during the business portion of your travel may be covered—even though the overall trip includes personal elements.

How Kentucky Courts Interpret the Rule

Kentucky courts do not treat the going and coming rule as absolute. In fact, much of the interpretation hinges on case-specific facts. Courts typically ask:

Was the employer benefitting from the travel?
Did the employer have control over the activity or location?
Was the employee deviating from their duties?
Was the travel necessary for completing work?

One illustrative case, Travelers Indemnity Co. v. Hall, recognized an injury as compensable because the employee was returning from a remote site with employer equipment—an exception to the traditional rule.

Employer Misconceptions About Commute Injuries

It’s common for employers to reject commute-related injuries on autopilot. However, claimants should not assume these denials are valid.

Key misconceptions:

“It happened off the clock, so it’s not covered.” Not always true if the location or activity ties into your job.
“You were on a lunch break.” If you were running an errand for your employer during that break, you may still be covered.
“You weren’t at the worksite.” The site itself may not matter if you were performing a job-related task elsewhere.

Proving an Exception Applies

Successfully navigating a workers’ comp claim involving a commuting injury in Kentucky often requires evidence and documentation that supports your claim under one of the rule’s exceptions.

What strengthens your case:

Texts or emails showing an employer-directed errand or travel assignment
Witness testimony about the nature of the travel
Vehicle use policies that suggest employer ownership or control
Surveillance footage or GPS logs placing you at a job-related location

Why Legal Guidance Matters in Kentucky Workers’ Comp Cases

Kentucky workers’ compensation law includes nuanced rules—and subtle distinctions can change the outcome of a claim. A skilled attorney can assess whether an exception applies, gather relevant documentation, and counter employer arguments rooted in an overly broad interpretation of the going and coming rule.

In cases where travel or offsite activity is part of your job—even occasionally—you shouldn’t assume a commute-time injury disqualifies you from benefits.

Conclusion

While Kentucky’s going and coming rule generally bars compensation for commute-related injuries, multiple exceptions expand coverage for workers engaged in travel, errands, or duties beyond the standard worksite. Whether you're driving a company vehicle, completing a special mission, or simply walking through your employer’s parking lot, your injury could be compensable under the right circumstances. If you’ve been injured on the way to or from work, don’t rely on assumptions—explore the full scope of your rights under Kentucky workers' compensation law.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Kentucky Workers Comp Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

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