Workers Comp coverage extends only to injuries sustained while in the course and scope of employment. This “scope of employment” requirement is a legal term of art which follows principles of fundamental fairness. Courts have long recognized that it is unfair to hold an employer liable for injuries to employees that occur at home, on vacation, while traveling to the gym, etc. When determining whether an employee’s injury falls within the scope of his or her employment, courts apply several tests. The “going and coming” rule is one of theses tests. The general rule, as applied by courts, is that an employee is not “in the course and scope of employment” and is therefore not entitled to workers comp benefits, while traveling to and from work.
One exception to the “coming and going” rule is if the employee is a “traveling employee”. Jobs that require extensive travel receive much broader protection under the “scope of employment” analysis. In fact, traveling employees are entitled to a presumption of workers comp coverage while commuting, unless their actions at the time of the injury were so foreign to and removed from their usual activities. In such instances, the employee’s conduct is deemed an abandonment of employment.
Contact an Experienced Workers Compensation Lawyer
The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.
Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.