February 23rd, 2017

Employee Injured During Commute? Workers’ Compensation May Apply

The Pennsylvania Workers Compensation Act (77 P.S. § 1, et. seq. as amended) generally does not cover workers injured while commuting to work or traveling home from work because it is generally viewed as outside the course of employment. This is otherwise known as the “coming and going rule”. However, there are four well-recognized exceptions to that general rule. Exceptions to the coming and going rule are in the following instances:

  1. An employee has no fixed place of work or is deemed a traveling employee.
  2. The employment contract specifically includes transportation to and from work.
  3. The employee is on special assignment for the employer.
  4. Special circumstances indicate that the employee is furthering the business of the employer.

A Pennsylvania property management company’s recent petition to the Workers’ Compensation Appeal Board under the coming and going rule was denied as the employee was “on call” during the time of an auto accident that caused his injuries.

Workers’ benefits payable under these circumstances are fact-specific and vary depending on an employee’s particular employment terms and conditions. If you have questions about Pennsylvania’s workers’ compensation statute, do not hesitate to contact us to review your set of circumstances.

Gross McGinley’s Employment Law team provides counsel to businesses large in small. Attorney Thomas A. Capehart has specific knowledge in workers’ compensation matters.