Protecting the Rights
of Injury Victims

Thomas DeLattre and Glen D. Wieland

Am I eligible for workers’ comp if I’m hurt driving to work?

On Behalf of | Feb 2, 2021 | Workers' Compensation |

Most people know that if they are ever injured in the workplace, they will be able to collect workers’ compensation from their employer. But what about when you are in the process of driving to or from your job? If you are involved in an accident, is your employer still obligated to provide you workers’ comp? The fact is that Florida law does consider a variety of factors when it comes to forcing employers to provide workers’ comp for an employee who was injured off the clock.

The “going and coming” rule

There are a variety of factors considered before a judge or an employee awards workers’ compensation. Contrary to popular belief, commuting to and from work would not qualify you for workers’ comp under the “going and coming” rule. If you were driving to a company-sponsored event, however, you may argue that it was work-related and thus be allowed to collect the benefits.

The exceptions

Much like everything else in life, there are exceptions to the rule. Driving your own vehicle to your home and back to work is exempted. However, if you are driving a company vehicle to get from one job site to another, you may be able to collect workers’ comp. Consider another situation, such as your boss asking you to pick up something for them or the team. This is called a “special mission” and does make your employer liable if you are involved in an accident.

If you get into an accident outside of your worksite or office and you’re unsure if you qualify for workers’ comp, it is important to consult with an attorney. An attorney experienced in employment law may assist you in obtaining the benefits you deserve.

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