At Rochelle McCullough, LLP in Hot Springs, our attorneys are familiar with the complicated ins and outs of workers’ compensation in Arkansas. If you have been injured on the job here, we can help you understand the intricacies of the coming and going rule and figure out whether you are entitled to benefits under the law. Contact one of our well-respected attorneys now so we can clarify your options.
We are well aware of the physical, emotional, and financial hardships associated with work-related injuries (e.g. medical costs, loss of income, pain and suffering), and dedicated to helping you navigate the often confusing regulations surrounding them. More than that, if we find that you are eligible for workers’ comp, we have the skills to see that you receive the benefits you deserve.
What Is the Coming and Going Rule in Arkansas?
The regulation nick-named “the coming and going rule” determines whether workers can receive benefits if they are injured while traveling to or from work. In general, workers’ compensation does not allow claims for injuries that occur during commutation.
To collect damages for an accident caused by someone else’s negligence during your commute, you ordinarily would have to file a personal injury claim in civil court.
However, if you are in this troubling situation, it’s important to know that there are exceptions to the coming and going rule and to consult with a knowledgeable lawyer to find out if one of these exceptions applies to you.
Exceptions to the Coming and Going Rule
Whether it makes sense to you or not, the coming and going rule considers commuting to and from your job unrelated to work. Nonetheless, there are some exceptions to the rule, including:
Traveling as Part of Your Job
If your job duties include traveling, travel for work is not considered commuting and is therefore covered by workers’ comp. Employees covered by workers’ comp for injuries during their work-related travel time include:
- Truck drivers
- Bus drivers
- Pilots
- Police and state troopers
- Delivery personnel
- Firefighters
- EMTs
The above employees can receive workers’ comp benefits for accidents that occur while they are driving as part of their job. However, they are still not entitled to benefits if they are injured while coming or going from their workplace.
Company Car Use
Although you are not covered for commuting, work-related travel in a company-owned vehicle may be covered under certain circumstances.
Traveling Between Job Sites
If your job requires you to travel from one job site to another during the course of a single shift, you may be covered under workers’ compensation. For example, if you work as an appliance technician or traveling salesperson and use your vehicle to get to several clients during your work day, your travel is deemed job-related.
Special Errands
If you are assigned the task of picking up supplies for the office or bringing company mail to the post office, your travel time to accomplish these tasks is covered by workers’ compensation. Notably, even if the errand is unrelated to your job, for example, if your boss sends you out to buy a toy for their child’s birthday, you are still considered on company time and eligible for workers’ comp benefits if you are injured en route.
Traveling on a Business Trip
In most instances, business trips are covered by workers’ comp because they are related to your job. It is worth noting that time in a restaurant or hotel room, as well as hours spent at a business meeting or professional conference, are considered part of the work-related trip.
Employer’s Property
If you are injured at a location your employer owns or controls, such as a parking lot or a free-standing storage unit, you are most likely entitled to workers’ comp benefits.
Dual-Purpose Trips
If your employer asks you to pick up or drop off work-related reports or materials on your way home and you are injured during the portion of the trip related to your job, you may be entitled to workers’ comp.
How Our Hot Springs Workers’ Comp Attorneys Can Help
We have extensive experience with all aspects of workers’ comp and know just how confusing and overwhelming logistical matters can be, especially when you’re seriously injured. Contact us today to find out how the coming and going rule affects you. We are well-prepared to answer your questions, address your concerns, and provide you with excellent advice and guidance.
If you fit into one of the exemption categories of the coming and going rule, we will craft a winning strategy to get you workers’ comp benefits as quickly as possible. If you don’t qualify, we may be able to assist you in filing a personal injury claim against the negligent party to recover damages. Either way, Rochelle McCullough is on your side. Contact us now for the strong legal representation and personal attention you deserve.