The going and coming rule workers comp term means that injuries you suffer while commuting to or from your regular workplace are usually not covered by workers’ compensation. The idea is simple. Your normal drive to work is seen as personal time, not work time. However, the rule has many exceptions. Many injured workers are told “you were just commuting” when their trip actually counts as work. Knowing the exceptions can make a real difference to your claim.
What Going And Coming Rule Workers Comp Means
Workers’ comp pays for injuries that “arise out of and in the course of” employment. That phrase appears in most state laws. The going and coming rule workers comp idea grew from it. Courts decided that your regular commute is not “in the course of” your job. As a result, a car crash on your usual drive to work is typically handled by auto insurance, not workers’ comp.
In most cases, coverage starts once you reach the employer’s premises. It typically ends when you leave them. For example, a fall in the company parking lot is often covered. A fall on a public sidewalk a block away often is not. The line can feel unfair. However, the exceptions are broad. They often decide the claim, so look at them closely.
How Going And Coming Rule Workers Comp Works in a Real Claim
Here is how it often plays out. You get hurt on the road. You report it to your employer. A few weeks later, the insurer sends a denial letter. The letter says the injury happened during your commute. This is the going and coming rule workers comp defense in action. It is one of the most common reasons travel-related claims get denied.
For example, imagine Maria, a home health aide. She drives her own car from one patient’s house to the next. She gets rear-ended between visits. The insurer first calls it a commute. However, Maria was traveling between work sites during her shift. Most states treat that as work travel. As a result, her injury may well be covered.
Common exceptions include these situations:
- Employer-provided transportation: You ride in a company van or drive a company car.
- Special errand: Your boss asks you to pick up supplies or the mail on the way.
- Traveling employee: Your job requires travel, such as sales calls or out-of-town work.
- Required vehicle: Your employer requires you to bring your own car for work tasks.
- Employer premises: You are hurt in the employer’s lot, entrance, or private access road.
- Paid travel time: Your employer pays you for travel time or mileage on that trip.
How It Varies by State
Every state uses some version of the going and coming rule workers comp approach. However, the details differ. In California, the rule comes from court decisions. California courts recognize many exceptions, including the “required vehicle” and “special mission” rules. Florida writes the rule into its statute. Florida law says travel to and from work is not covered, with listed exceptions for employer-provided transport and special errands.
Texas excludes ordinary travel in its definition of “course and scope of employment.” Texas still covers travel paid for by the employer or directed by the employer. New York looks at whether the trip was part of your job duties. For example, New York often covers “outside employees” who travel all day. Pennsylvania covers trips tied to employer business and injuries on the employer’s premises. Because rules and deadlines differ, check your own state’s law. The table below shows each state’s rule and its key deadlines.
| State | Where the rule comes from | Deadline to notify employer | Deadline to file a claim |
|---|---|---|---|
| California | Court decisions under Labor Code 3600 | 30 days (Labor Code 5400) | 1 year from injury (Labor Code 5405) |
| Florida | Statute: Fla. Stat. 440.092(2) | 30 days (Fla. Stat. 440.185) | 2 years from injury (Fla. Stat. 440.19) |
| Texas | Statute: Texas Labor Code 401.011(12) | 30 days (Labor Code 409.001) | 1 year from injury (Labor Code 409.003) |
| New York | Court decisions under WCL Section 10 | 30 days (WCL Section 18) | 2 years from injury (WCL Section 28) |
| Pennsylvania | Court decisions under 77 P.S. 411 | 120 days (77 P.S. 631) | 3 years from injury (77 P.S. 602) |
What to Do When You Hear This Term
If an adjuster raises the going and coming rule workers comp defense, stay calm. A denial is not the final word. First, write down exactly why you were on the road. Were you on the clock? Did your boss ask you to stop somewhere? Did you get mileage pay? Keep texts, emails, schedules, and pay stubs that show it. Also, keep the police report and any photos.
Next, read your denial letter closely. It should explain how to appeal. Contact your state agency for free help. Useful offices include the California Division of Workers’ Compensation, the Florida Division of Workers’ Compensation, the Texas Division of Workers’ Compensation, and the New York Workers’ Compensation Board. Many workers’ comp attorneys offer free consultations. For other terms you may hear, see our workers’ comp glossary.
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Keep in mind that any settlement depends on your exact facts. Settlement estimates are always illustrative, and every case is different. If the insurer wins the going and coming rule workers comp argument, you may still have an auto insurance or personal injury claim. A licensed attorney can help you weigh both paths.
Frequently Asked Questions
Am I covered if I crash on my way to work?
In most cases, a normal commute to your regular job is not covered. However, coverage may apply if you were driving a company car or running a work errand. It may also apply if you were traveling between job sites or getting paid for the trip.
Does the going and coming rule apply in the company parking lot?
Typically, no. Most states treat the employer’s own parking lot and entrances as part of the workplace. As a result, a slip in the company lot is often covered, but confirm with your state board.
What if I work from home or travel for my job?
Traveling employees are often covered for most of their trip, not just the work tasks. Remote work is less settled and depends on your state. In both cases, the going and coming rule workers comp defense may be weaker than the insurer suggests.
Going and coming rule workers comp: Quick Recap
If you remember one thing about going and coming rule workers comp, make it this: the rule is set by the state (or the federal program), not by the insurer, and the official source is linked above. Every figure on this page about going and coming rule workers comp should be confirmed with the agency before you act on it.
Questions about going and coming rule workers comp that this page does not answer are usually answered for free by the state workers’ comp agency’s information line — and, for a disputed claim, by a licensed attorney in a first consultation.
See your state’s exact numbers
What you are owed depends on your state’s benefit caps and deadlines. Start with your state’s settlement and claim guides for the exact figures.
Sources & How to Verify
The figures on this page come from official government and industry sources. Workers’ comp benefit caps, deadlines, and rules change, so always confirm the exact figure with your state’s workers’ comp board or a licensed attorney before acting. Settlement estimates are illustrative, and every case is different.
- Your state workers’ comp board, division, or commission: the official source for your state’s exact caps, deadlines, and forms — search “[your state] workers compensation board”
- U.S. Department of Labor (OWCP): dol.gov — federal workers’ compensation overview
- NCCI: ncci.com — workers’ comp rating and benefit data
- Social Security Administration: ssa.gov — benefit-cap and SSDI offset data
- Insurance Information Institute: iii.org — neutral workers’ comp background
Content last reviewed October 2026. If you notice an outdated figure, please contact us.
Related Guides
- Workers Comp Settlements by State (All 50)
- Workers Comp Claims by State (All 50)
- More in This Category
- Settlements by Injury
- Benefits Explained
- Workers Comp Glossary
Informational only — not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm, insurer, or medical or financial advisor, and this page does not provide legal, medical, or financial advice. Workers’ compensation benefits, deadlines, and rules vary by state and change over time, and settlement estimates are illustrative only. Always confirm the exact figure and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.