Understanding the Coming and Going Rule in Pennsylvania Workers’ Compensation

Pennsylvania Workers’ Compensation is a no-fault system meant to provide injured workers with benefits for injuries that occur within the course and scope of employment. While the course and scope of employment is a broad term that covers more than one may imagine, generally, an injury that occurs while commuting to or from work is not considered to be within that scope. However, several exceptions to what is called the Coming and Going Rule may make such an injury compensable.

What is the Coming and Going Rule?

The Coming and Going Rule essentially provides that commuting to and from work is not within the course of employment. Therefore, an injury that occurs during a commute is usually not compensable under the Pennsylvania Workers’ Compensation Act.

Are There Any Exceptions?

There are four major exceptions to the rule that may allow for a commute-related injury to be compensable. These exceptions apply when:

1. The employee has no fixed place of work;
2. Transportation to and from work is part of the employment contract;
3. The employee is on a special assignment; or
4. Special circumstances exist indicating the employee was furthering the business of the employer.

Each exception is fact-specific and should be evaluated individually.

The No Fixed Place of Work Exception

If an employee is defined as a traveling employee, rather than a stationary one, an injury that occurs during a commute may be compensable and fall outside the scope of the Coming and Going Rule.

A traveling employee does not report to a fixed location like an office or warehouse each day. This includes contractors, delivery drivers, cable installers, or even police officers. Typically, these employees keep their equipment at home and travel directly to work sites. An injury that occurs while a cable installer is driving from their home to a customer’s home may be compensable.

Even a stationary employee may qualify under this exception if injured while traveling between employer sites or on a business trip.

The Employment Contract Exception

This exception is very narrow and only applies when all three of the following elements are met:

1. The injury occurs while commuting;
2. A travel allowance is provided for commute-related expenses and time; and
3. The employer controls or provides the means of commuting.

For example, a sales representative injured during a commute in an employer-provided vehicle may qualify, especially if the employer pays for vehicle-related expenses or reimburses for mileage.

The Special Assignment Exception

The special assignment—or special mission—exception applies when an employee is asked to do something outside their regular duties. This could include attending work on a sick day, going to a rare off-site meeting, or temporarily working at a different location.

These are situations where the employee is furthering the employer’s business rather than commuting for personal convenience. These cases are very fact-specific and must be evaluated carefully.

Do I Qualify for an Exception?

While the examples above may seem straightforward, exceptions to the Coming and Going Rule are nuanced and require detailed evidence. To determine whether your injury falls under an exception, you’ll need an experienced Workers’ Compensation attorney who can build and present your case effectively before a Workers’ Compensation Judge.

At Stern & Cohen, our attorneys are experienced in these types of claims and are ready to help you pursue the benefits you’re entitled to.

Conclusion

If you’ve been injured during your commute or in any work-related incident, contact us for a free consultation. The Pennsylvania Workers’ Compensation system is complex, but our team at Stern & Cohen is here to guide you through it and fight for the compensation you deserve.