Is My Accident Compensable If I Am “Going” Or “Coming?”
One of the most hotly debated aspects of Florida workers’ compensation law is the so-called “going and coming” rule. In general, injuries sustained while an employee is “going [or] coming” to or from work are not considered compensable under workers’ compensation law. However, there is a very fine line between “going and coming” and being on the clock. If you have been injured at the beginning or end of work, consulting an attorney to determine whether you can file for workers’ compensation may be the best idea.
Exceptions To The Rule
As a rule, a person’s commute to and from work is seen as their personal time, even if their express purpose for being in the car or on the train is work-related. If a person is injured on their commute, particularly if it is due to the actions of a third party, workers’ compensation will not usually apply. There are exceptions to this for employees whose primary job function is to drive – for example, long-haul truck drivers or delivery people – and for employees who are on a “special mission” for their employers, but these are few and far between.
In addition, other more situational exceptions can apply. Perhaps the most common of these is for business trips. If someone is injured arriving at their hotel in another city, their injury will likely be compensable simply because the person is seen as being “on duty” the entire time. In general, these exceptions all involve people who are acting within the “scope of [their] employment,” while those who are well and truly off the clock are basically on their own.
What Is The “Scope Of Employment”?
Florida law defines the “scope of employment” as a situation where an employee’s conduct is “substantially within authorized time and space limits,” and is motivated “at least in part” by a wish to serve their employer. If an employee is injured while driving, but is not on their employer’s business, they cannot be said to have been acting within the scope of employment – and thus, that injury will almost certainly not be compensable.
One potential positive in this type of case is that it is often quite clear-cut whether an employee was acting within the scope of their employment or not. If you were, it may take the right attorney to get the benefits you deserve – but it is not impossible to recover for an injury sustained during your “going and coming” time. Florida law is clear-cut about when the rule will and will not apply.
Contact An Orlando Workers’ Compensation Attorney
If you have been injured while coming to work or leaving work, it may feel hopeless to try and seek workers’ compensation benefits. An Orlando workers’ compensation attorney from the Hornsby Law Group can help you figure out the best path for you and your family moving forward. Contact our office today at (407) 499-8887 to schedule a free consultation.
Source:
flsenate.gov/laws/statutes/2021/440.092
