If an employee has an accident on the way to or from work, they will usually not have access to benefits under workers’ compensation. Commuting to and from work is generally not considered in the course and scope of employment in most states. However, there are many exceptions to this rule.
Whether you will be covered under workers’ compensation after an injury is highly dependent on the facts of the case. Under Nevada’s law on respondeat superior (employers can be vicariously liable for employees’ actions), commuting employees can only qualify for workers’ comp benefits if they earn wages during the act of their commute. In other words, you can claim workers’ compensation if you were injured while performing an errand for your employer or another job-related task. Whereas, if an injury were to occur while a worker was on a personal errand that substantially deviates from their job duties, their commute will not be viewed as work-related even if it occurs on company property.
Employees working remotely or at home are not traveling to and from work, so the coming and going rule would not apply. They will still be eligible for workers’ comp benefits, even if any travel is required at the request of their employer.
Here are several circumstances when employees are often exempt from the coming and going rule and qualify for workers’ compensation benefits:
The courts may ultimately have to determine whether an employee’s travel was business-related and an injury is covered.
If your worker’s comp claim is denied because you were traveling to or from work, the first step is to appeal. The document informing you why your claim was denied may indicate that the coming and going rule applies. When that is the case, you must prove that you were performing an essential task for your employer at the time the accident occurred. Speak to a Las Vegas workers’ comp attorney as soon as possible. They can evaluate your situation and help you better understand your rights, as well as discuss your options and the evidence you need to receive benefits.