You’re driving home after a long day at work when suddenly, another vehicle runs a red light and slams into your car. You’re injured, unable to work and facing mounting medical bills. As you recover, you will likely wonder: Does workers’ compensation cover this? After all, you were coming from work.
Unfortunately, the answer isn’t always straightforward, and several factors will dictate whether you may be eligible for workers’ compensation benefits.
Kentucky workers’ compensation generally covers injuries that occur in the course and scope of your employment. But what qualifies as ‘course and scope’ can be more complicated than it seems, especially when commuting is involved.
The “going and coming” exception
In most cases, Kentucky workers’ compensation does not cover injuries that happen during your regular commute to or from work. This is the “going and coming rule.” The reasoning is that your employment relationship hasn’t begun when you’re driving to work or has ended when you’re driving home.
However, like many legal rules, there are important exceptions.
When workers’ compensation may be available after a crash
Your commute-related injury might qualify for workers’ compensation benefits if:
- You’re a traveling employee: Does your job requires regular travel as part of your duties and you were hurt while on the job? Sales representatives, delivery drivers and field service workers often fall into this category.
- You were running a work errand: Did your employer asked you to pick up supplies or make a work-related stop during your commute and the injury occurred while performing this work-related task?
- Your employer provided transportation: Were you in a company vehicle at the time of your injury? Did your employer arrange and pay for your transportation?
- The injury happened on employer property: Were you hurt in the company parking lot or another area under your employer’s control?
These exceptions can make the difference between receiving workers’ compensation benefits and having to cover your expenses alone or file a personal injury claim.
Protect your rights after a commuting injury
Workers’ compensation claims involving commuting injuries can be complex and confusing. Insurance companies may quickly deny your claim, arguing the going and coming rule applies. But every case has unique circumstances that could qualify you for benefits.
While these cases can be challenging to navigate, consulting an attorney and understanding the exceptions can open the door to the compensation you need.