The moment you leave home for work, are you protected by workers’ compensation? Generally no, but the exceptions matter more than the rule. Employees who make work-related stops, travel to multiple locations or drive as part of their job duties often qualify for full benefits despite being injured during transit.
The “coming and going rule” applies
In Florida, the “coming and going rule” usually excludes regular commutes from workers’ compensation coverage. The law views your drive to and from a fixed place of work as a personal activity rather than a professional duty. Because you are not yet “on the clock,” the insurance company typically denies claims for accidents that happen during this window.
Exceptions may provide coverage
While the general rule is strict, several scenarios allow you to bypass these restrictions. Consider these common exceptions:
- Special missions: Your employer asked you to run a work errand during your commute.
- Traveling employees: Your job requires you to visit different client sites or work locations throughout the day.
- Company vehicles: Your employer provides a van, truck or shuttle for your transportation.
- Employer property: The injury occurs in a parking lot or on a private road owned and controlled by your company.
- Paid travel time: Your employer pays you for the time you spend commuting or provides a mileage stipend.
These exceptions generally turn a personal trip into a business task. If one of these applies, you could qualify for medical care, wage replacement and other compensation.
Insurance companies may deny claims
Insurance adjusters often deny commute-related claims immediately. They rely on the basic “coming and going rule” to avoid paying for your medical bills. They may ignore the fact that you were running an errand or using a company car.
You must provide clear evidence, such as text messages or dispatch logs, to prove your trip was work-related. Without these details, you may lose the benefits you need to support yourself and your family while recovering from an injury.
Protecting your workers’ comp claim
Prompt action after an accident is key to preserving your right to seek workers’ compensation. Report the injury to your employer within 30 days and seek medical attention from an approved provider. Keep a detailed log of your travel purpose, save all communications regarding work errands and take photos of the accident scene.
Florida law is strict, and a minor mistake in your report can lead to a total loss of benefits. Documentation ensures that the insurance company cannot easily dismiss your injury as a simple personal commute.