Workers’ compensation laws in Ohio are designed to protect employees who suffer injuries in the course of employment. Yet, one long-standing limitation is the “going and coming rule.” This principle generally bars workers from recovering benefits for injuries sustained while traveling to or from work. While it may seem straightforward, the rule has important exceptions that can determine whether an injured worker is entitled to compensation. Understanding these exceptions is vital for employees and employers alike.

Workers' Compensation: What is the Going and Coming Rule in Ohio?

The going and coming rule in Ohio workers’ compensation law states that injuries sustained during a worker’s normal commute are not covered. The reasoning is that the risks of ordinary travel to and from the workplace are not directly tied to employment but are risks shared by the general public. For instance, if a worker is in a car accident while driving to work, they typically cannot file for workers’ comp benefits.

However, Ohio courts recognize that employment situations are not always clear-cut. Exceptions exist when travel is more directly connected to the job, or when the employer gains a benefit from the employee’s commute.

Exceptions to the Going and Coming Rule in Ohio

Special Mission Exception

When an employee is asked to perform a task outside their regular work schedule or away from their usual place of employment, the going and coming rule may not apply. For example, if a supervisor instructs a worker to stop at a supplier’s warehouse on the way to work, injuries occurring during that trip may be compensable. The key factor is whether the travel was primarily for the benefit of the employer, not the employee.

Traveling Employees

Workers whose jobs require travel as a regular part of their duties often fall outside the going and coming rule. Sales representatives, delivery drivers, and home health aides are considered “traveling employees.” Their travel is an essential part of the job rather than a personal commute. If they are injured while driving between client locations or during overnight business trips, workers’ compensation coverage generally applies.

Employer-Provided Transportation

If an employer provides or requires transportation, injuries sustained during that travel may qualify for workers’ comp. For instance, when a company provides a shuttle bus to transport workers to a remote job site, any accidents that occur during transport could be covered. Courts in Ohio look closely at whether the transportation arrangement primarily serves the employer’s business interests.

Proximity or Zone of Employment Exception

Ohio courts sometimes extend coverage to injuries that occur on or near the employer’s premises. If a worker is injured in a parking lot maintained by the employer, even before officially clocking in, the injury may be considered work-related. The “zone of employment” rule accounts for risks closely tied to the workplace, even if they occur slightly outside traditional work hours.

Dual Purpose Doctrine

This exception applies when an employee’s travel serves both a personal and an employer-related purpose. If the employer derives a substantial benefit from the trip, workers’ compensation may apply even if the employee had personal reasons for traveling. For example, if a worker picks up office supplies on the way home from work and is injured in an accident, the trip may be compensable since it included a business purpose.

Why the Going and Coming Rule Matters in Ohio Workers' Comp Claims

The going and coming rule serves as a cost-control measure for employers and insurers by limiting liability for risks unrelated to the job itself. At the same time, exceptions exist to ensure fairness in cases where travel is integral to employment. Ohio courts consistently evaluate these cases based on the facts, such as the nature of the employee’s work, the employer’s expectations, and whether the employer benefits from the travel.

Injured workers often face confusion about whether their commute-related injury falls within an exception. Without legal guidance, they may wrongly assume they have no claim. Conversely, employers may dispute claims by arguing the going and coming rule applies. Both sides benefit from understanding the nuances of Ohio case law and statutory interpretation.

Practical Examples of Exceptions in Action

• Special mission: An office employee asked to deliver documents on the way to work is rear-ended at an intersection. Since the travel served the employer’s interest, the injury could be compensable.
• Traveling employee: A home health aide injured while driving between patients is entitled to workers’ comp because travel is part of the job description.
• Employer-provided transport: A construction worker hurt in a crash while riding a company shuttle bus to a remote site may be covered.
• Proximity exception: A factory worker slips on ice in the employer’s parking lot before starting a shift. Because the injury occurred within the zone of employment, compensation may apply.

Statistics and Workplace Impact in Ohio

Ohio Bureau of Workers’ Compensation data indicates that transportation-related injuries account for a significant portion of workplace claims. Nationally, the Bureau of Labor Statistics reports that roadway incidents are a leading cause of work-related fatalities. These numbers underscore why exceptions to the going and coming rule are so important. For industries with heavy travel demands, such as construction, healthcare, and logistics, understanding the rule’s limits can significantly impact claim outcomes.

Employer and Employee Takeaways

For Employees

• Keep records of employer-related tasks performed during travel.
• Document whether the employer directed or required travel outside of normal routines.
• Report injuries promptly and clarify how travel was tied to work duties.

For Employers

• Define travel expectations clearly in employee handbooks.
• Be cautious when providing transportation or assigning off-site duties.
• Review insurance policies to ensure coverage aligns with employee travel patterns.

Conclusion

The going and coming rule in Ohio limits workers’ compensation coverage for ordinary commuting injuries, but numerous exceptions recognize that not all travel is purely personal. When work duties or employer benefits shape the commute, injuries may fall within the scope of workers’ comp coverage. For both employees and employers, understanding these exceptions is essential to protecting rights, managing risks, and ensuring compliance with Ohio’s workers’ compensation laws.

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Navigating Ohio Workers Compensation 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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