Does the workers’ compensation “going and coming” rule apply if you are the injured victim of a car crash while traveling on business?
Are you still eligible for benefits? Can you also file a claim for compensation against the negligent driver who caused your shoulder injury?
The “going and coming” rule
If you sustain an injury in an accident while on your way to work or on your way home, you likely do not qualify for workers’ compensation benefits under the “going and coming” rule. But what if you are not commuting? You may be a salesperson who drives to various companies throughout the state of Pennsylvania. If your normal job-related responsibilities include traveling, and you are injured in a car crash miles away from your home office, you are probably eligible to receive compensation to cover your medical expenses and any lost wages.
Third-party liability
As the injured victim of a vehicle crash while working for your employer, you have another option in addition to submitting a claim for workers’ compensation benefits. Third-party liability arises when someone outside of your employer is at fault for your injuries. This is a good time to seek legal guidance. Your attorney can initiate a thorough investigation into the cause of the car crash to establish fault. Once that occurs, you can file a claim with the negligent party’s insurance company. As the injured victim of an accident that happened while you were traveling on behalf of your employer, you may be able to receive compensation from two sources.