Workers' Comp Denied Under the Going-and-Coming Rule? Know the Exceptions

You were injured on your way to work, on your way home, or in the parking lot — and the workers' compensation carrier has denied your claim under the "going-and-coming rule." This doctrine holds that injuries sustained during an ordinary commute are not covered by workers' comp because the employee is not "in the course of employment" while traveling to and from a fixed place of business.

The going-and-coming rule is real and it applies in many situations. But it is riddled with exceptions — and a surprising number of commute and travel injuries that are initially denied are later found to be compensable. If your claim was denied on these grounds, read on.

The Going-and-Coming Rule: The Basic Principle

Workers' comp requires that an injury occur "in the course of employment." The general rule is that this period begins when you arrive at work and ends when you leave. Injuries during the commute — even if you are thinking about work, taking a work call, or heading to a second job shift — are typically not covered under the basic rule.

The rationale is that the employer does not control the route, the vehicle, or the conditions of the ordinary commute. The risk of driving to work is not a risk "peculiar to" or "increased by" the employment.

But the exceptions are substantial.

Exception 1: The Employer-Owned or Employer-Controlled Vehicle

If you were driving a company vehicle at the time of injury, most states either eliminate the going-and-coming rule or substantially reduce its effect. The employer's ownership or provision of the vehicle is treated as extending the "course of employment" to the commute.

This exception typically applies when:

• The employer furnishes the vehicle and pays for its operation
• The employer requires you to use the vehicle for work, including travel to and from the workplace
• The vehicle is a "traveling employee" vehicle used in the course of duties

Some states apply a broader test: if the employer derives a benefit from the employee having a vehicle available, the commute may be covered.

Exception 2: The Employer-Controlled Parking Lot

This is one of the most frequently litigated going-and-coming issues. The "premises exception" holds that once you enter the employer's premises — including employer-owned or employer-controlled parking lots — you are in the course of employment. An injury in the parking lot while arriving at or leaving work is generally covered.

The key issues are:

• Who owns or controls the lot? If the employer leases the lot, provides it as a benefit, or exercises control over access and safety, it is likely "employer premises."
• Shared or public lots — if you park in a public garage or street parking because the employer does not provide parking, the premises exception likely does not apply.
• The area between the parking lot and the workplace — sidewalks, stairwells, and building entrances that are part of the employer's campus typically fall within the premises exception.

If your injury occurred in an employer-affiliated parking area, push back hard on a going-and-coming denial.

Exception 3: The Dual Purpose or Special Errand Doctrine

If your commute served a dual purpose — personal travel combined with a work errand or mission — the injury may be compensable. Courts ask whether the work purpose was a concurrent, not merely incidental, purpose of the trip.

Example: You are driving to work and your employer asks you to stop by a client site or pick up materials on the way. The special errand removes the going-and-coming bar for that trip.

Even without a specific request, if bringing equipment or materials home for work use, attending an off-site work function, or performing a work duty on the route is part of your regular job duties, courts in many states find the dual purpose exception satisfied.

Exception 4: The Traveling Employee Exception

Workers who travel as a regular part of their job — sales representatives, service technicians, construction workers assigned to rotating sites, consultants — are often treated as "traveling employees" who are in the course of employment throughout their travel, including commutes between their home base and work sites.

The rationale is that the employer's business has made travel a necessary part of the job, so the risks of travel are risks of the employment.

If your job requires you to travel to different sites, customer locations, or project sites (as opposed to reporting daily to one fixed location), you may qualify as a traveling employee, removing the going-and-coming bar entirely.

Exception 5: No Fixed Place of Business

Workers without a fixed employer location — home-based workers, workers who are dispatched from home to customer sites, and itinerant workers — are often exempt from the going-and-coming rule because there is no fixed workplace to commute "to." If your job has you traveling from home to various client locations throughout the day, the entire travel period may be covered.

Exception 6: The Paid or Required Commute

If the employer pays for your commute — provides a shuttle, covers transit expenses as compensation, or requires a specific route or mode of transportation — courts often find that the commute has been integrated into the employment, eliminating the going-and-coming bar.

Applying the Exceptions to Your Denial

Review your denial letter and identify which version of the going-and-coming rule the carrier is applying. Then systematically address the exceptions:

• Were you in a company vehicle or using employer-funded transportation?
• Did the injury occur on employer premises, including parking areas?
• Were you running an errand, stopping for a business purpose, or performing a work task during the commute?
• Are you a traveling employee or someone without a fixed worksite?
• Did your employer pay for or control the commute?

Even one exception may be enough to establish coverage.

Fight Back With ClaimBack

Going-and-coming denials are often mechanical and fail to account for the specific facts of your situation. ClaimBack helps you identify the applicable exception, gather the supporting evidence, and build an appeal that addresses the carrier's denial directly.

Start your appeal at ClaimBack

Related Reading

• Workers' Compensation Claim Denied? Here's How to Fight Back
• Common Reasons Insurance Claims Are Denied
• How to Write an Insurance Appeal Letter