The Going And Coming Rule In Workers’ Compensation Cases

The trip from home to work and back is not a circumstance in which employees are covered under the Pennsylvania workers’ compensation system. The “going and coming The Going And Coming Rule In Workers' Compensation Casesrule” holds that an injury or death sustained by an employee traveling to or from a place of employment does not occur in the course of employment, and is therefore not compensable under the Workers’ Compensation Act. Since James Powell, Sr., founded Powell Law in 1906, our attorneys have represented all types of workers in workers’ compensation cases.

Typically, stationary employees have a fixed place of work and are subject to the “going and coming rule.” ”Traveling employees,” however, have a broader presumption of coverage while traveling and commuting, unless their actions at the time of injury are so removed from the typical and usual activities that they may be considered an abandonment of employment.

An injury or death is considered to have been  sustained in the course of employment and therefore compensable under the Act if one of the following exceptions applies:

  1. claimant’s employment contract includes transportation to and from work;
  2. claimant has no fixed place of work;
  3. claimant is on a special mission for employer; or
  4. special circumstances are such that claimant was furthering the business of the employer.

Thus, traveling employees whose terms of employment include commuting to and from work, or have no regular place of work may be considered to be within the exceptions of the “going and coming” rule. In addition, a special mission or circumstance related to an employee trip may also qualify as an exception.

Commonwealth Courts have held that attending meetings is deemed to be a part of an employee’s regular work duties, and therefore traveling to or from such meetings is not a special mission. Even if attendance at such meetings furthers an employer’s goal such as promoting safety, it is still a part of an employee’s regular work duties. Therefore, the “special circumstances” exception is inapplicable, and the “going and coming” rule still applies.

Powell Law’s decades of experience make it the clear and obvious choice for representation in workers’ compensation matters in the Scranton/Wilkes-Barre and surrounding areas. Contact Powell Law at (570) 961-0777. The consultation is FREE!

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