If you're hurt on the job in Pennsylvania, you might assume workers’ compensation will cover your medical bills and lost income. And in many cases, it does. But what happens when you are injured while driving to or from work? That’s where the "Going and Coming Rule" comes in—a legal rule that can complicate your ability to claim benefits.
The “Going and Coming Rule” typically prohibits employees from collecting workers’ comp benefits for injuries that occur during a routine commute. However, like many laws, there are several exceptions. If you were on a work-related errand or performing duties that benefit your employer, you may still qualify for compensation. Understanding these exceptions is key if you’ve been hurt off-site and wonder whether workers’ comp applies.
Continue reading to learn how the Going and Coming Rule works in Pennsylvania, situations where exceptions apply, and how legal representation can help support your case.
What Is Pennsylvania's Going and Coming Rule, and How Does it Apply to Workers' Comp?
In Pennsylvania, workers’ compensation usually covers injuries that happen in the course and scope of employment. The Going and Coming Rule carves out an exception to this by stating that injuries during the commute to and from work are not covered because commuting is not considered a job duty.
Let’s say you're walking into the office from your car and slip on ice in a public parking lot. Under the rule, you might not be covered. But if that lot is controlled by your employer, the outcome could be different. That’s why understanding the details of your case—and the exceptions to this rule—is so important.
Exceptions to the Workers' Comp Going and Coming Rule in Pennsylvania
Traveling Workers
If your job involves regular travel, such as making deliveries or visiting client sites, you may qualify as a "traveling employee." Pennsylvania law generally considers injuries during travel to be work-related in these cases. If you were injured en route to a job site or during a work assignment, you may still be entitled to benefits.
Special Assignments and Errands
Employees sent on a special task outside their normal work location—like picking up materials, delivering documents, or attending an off-site meeting—may be covered. These “special mission” exceptions recognize that you’re still working, even if the location is outside the office.
Employer-Provided Transportation
In situations where your employer provides the transportation—like a company vehicle or shuttle—you may be covered if injured while using it. If the employer requires use of this transportation, it can make the commute part of your work duties, therefore qualifying you for benefits.
Parking Lot Accidents
If your injury happened in a parking lot or path controlled or maintained by your employer, you may still qualify for workers’ compensation. Courts in Pennsylvania have ruled that employer control over the area is a deciding factor.
Remote and Hybrid Work
For employees working remotely or in hybrid roles, the line between home and workplace can blur. If you injure yourself while performing a work-related task at home or during a commute to an off-site meeting, your claim may be valid. These cases are evaluated based on the nature of the task you were performing at the time of the injury.
What You Need to Prove in Order to be Exempt From Pennsylvania's Going and Coming Rule
Claims involving exceptions to the Going and Coming Rule aren’t always straightforward. You’ll likely need:
- Documentation of your activity and its connection to your job
- Medical records showing the nature and cause of your injury
- Employer statements or witnesses confirming your task or travel assignment
Having strong, consistent evidence is essential to proving your claim. Insurance companies may dispute that the injury occurred in the scope of your employment, particularly if it happened off-site.
What to do if Your PA Workers' Comp Claim Gets Denied
Workers’ comp claims are sometimes denied even when you believe you meet one of the exceptions. The good news is you have the right to appeal. The Pennsylvania Workers’ Compensation Appeal Board reviews denied claims, and you’ll have the chance to submit more evidence and make your case.
A denied claim doesn’t mean your case is over. It means the process is just beginning—and the right legal help can make all the difference.
Call Brandon J. Broderick For Legal Help
Not every injury at the edge of the workday is disqualified from workers’ compensation. If you were hurt while commuting or running a work-related errand, talk to Brandon J. Broderick, Attorney at Law to find out if your case qualifies under one of Pennsylvania’s exceptions to the Going and Coming Rule.
We’ll help you understand your rights, gather the necessary documentation, and fight for the compensation you deserve. Contact us today for a free consultation.