North Carolina Workers’ Compensation Going and Coming Rule

Employees who suffer an injury at work may have the right to receive workers’ compensation benefits. However, North Carolina’s workers’ comp laws also specify what “at work” entails. Under North Carolina’s going and coming rule for workers’ comp, injuries employees suffer while traveling between home and work may not qualify for benefits. That said, there are several exceptions to the going and coming rule that may make a worker eligible for benefits. If you were hurt while going to or coming from work, an experienced workers’ compensation lawyer can determine whether you may qualify for benefits.

Are There Any Exceptions to the Going and Coming Rule?

North Carolina’s workers’ compensation law generally does not allow benefits for injuries that workers suffer in accidents during travel to and from work. However, the rule has several exceptions that may give an injured employee the right to obtain workers’ compensation benefits for injuries suffered during travel. Three of the most common exceptions to the going and coming rule are:

Premises Exception

Under the premises exception, an employee may receive workers’ compensation benefits for an injury they sustain in an accident on the employer’s premises while the employee arrives for or departs from work. The premises exception often applies to injuries that happen as an employee walks from or to their car in an employer’s parking lot or garage at the beginning or end of the workday.

For example, suppose an employee parks their car in their employer’s parking lot and begins to walk toward the employer’s facility to clock in for work when they slip and fall on a patch of ice in the parking lot. In this scenario, the employee may have the right to workers’ compensation benefits covering their injuries.

Special Errand Exception

The special errand exception may give an employee the right to receive workers’ compensation benefits if they get hurt in an accident that occurs while the employee performs some duty, errand, or special task for their employer. This exception may apply in cases where an employee goes to another location as part of their workday, such as when their employer asks them to travel to a supply depot to pick up supplies or grab coffee for the team.

Transportation Exception

An employee can claim workers’ compensation benefits while traveling to or from work if their employer has a contractual duty or other obligation to provide them transportation or compensate them for their transportation costs. The exception covers door-to-door salespeople and employees traveling for business or work-related conferences, events, or other functions. It may also cover employees driving company vehicles.

What Are Some Common Situations Involving the Going and Coming Rule?

The going and coming rule can arise when a worker gets hurt in an accident traveling to or from work. Here are some scenarios that explain the rule:

• An employee gets into their car at home and begins driving to work. Halfway through their journey, another driver hits their vehicle, injuring them. The going and coming rule would bar the employee’s workers’ compensation claim in this situation.
• A worker stops at a coffee shop across the street from their employer’s premises and trips and falls while leaving the shop. The going and coming rule would likely prevent the worker from seeking benefits unless the employer instructed the worker to stop at the shop to pick up coffee and pastries for the office.
• An employee parks in a publicly accessible garage not owned by their employer and falls down the stairs due to a broken step while exiting the garage. The going and coming rule will likely bar the employee’s right to workers’ compensation benefits.

What Should You Do If You’re Injured Going to or Coming from Work?

If you’ve been hurt in an accident that occurred while going to or coming from work and think an exception applies, you can take the following steps to protect your right to benefits:

• Report the accident to your employer as soon as possible.
• Seek prompt medical attention to diagnose your injuries.
• Follow your doctor’s treatment instructions and medical restrictions.
• Obtain copies of your medical records of your treatment and rehabilitation.
• Request copies of any police crash or incident reports.
• Keep all bills, invoices, or receipts for out-of-pocket medical expenses.
• Gather your pay stubs and income statements if you need to miss work.

Finally, contact a lawyer from The Law Offices of John Drew Warlick, P.A. as soon as possible to discuss your next steps for filing a workers’ comp claim. We can help determine if you have the right to receive workers’ comp benefits for your injuries. Your lawyer may also help you explore other routes for compensation, such as an insurance claim against a negligent driver who hit you on your way to work.

How Can a Workers’ Comp Attorney Help Prove an Exception Applies in Your Claim?

If your employer asserts the going and coming rule to deny your benefits claim, it’s critical that you seek help from a knowledgeable workers’ comp attorney. Here are some of the avenues that your lawyer might pursue to help prove your right to workers’ compensation benefits:

• They can thoroughly investigate the circumstances surrounding the accident, including the location and nature of the incident.
• Your attorney can review emails, text messages, or other correspondence concerning your employer’s instructions for your travel to or from work.
• Your lawyer can read over your employment contract and applicable labor laws and regulations to determine if your employer had to cover your transportation.

Contact a North Carolina Workers’ Compensation Lawyer

Have you been hurt in an accident while traveling to, from, or for work? If so, an experienced North Carolina workers’ compensation attorney can help you understand your rights and options for seeking compensation for your injuries.

Contact The Law Offices of John Drew Warlick, P.A. for a free, no-obligation consultation. An attorney with our firm can explain North Carolina’s going and coming rule, whether it may apply to your case, and how it may affect your eligibility for workers’ comp benefits.

We have three generations of attorneys with decades of experience serving injury victims in North Carolina. Past clients say our “experience and professionalism have proved invaluable.” Reach out today to find out what we can do for you.