Overview
In New Jersey, the general rule for workers’ compensation is straightforward: an injury must occur “in the course of employment” to be compensable. This means that if you are injured during your normal commute to or from work, you typically cannot file a workers’ compensation claim. This principle is known as the “Coming and Going Rule,” and it bars recovery for most commute-related injuries. However, New Jersey courts have recognized several important exceptions. Depending on the specific circumstances of your travel, your commute injury may still be covered.
The Coming and Going Rule
The Coming and Going Rule exists because commuting is generally considered a personal activity, not part of the employment relationship. The risks of traveling to and from work are shared by the general public and are not unique to any particular job. For this reason, New Jersey courts have historically held that injuries sustained during a regular commute do not “arise out of and in the course of employment” as required by N.J.S.A. 34:15-1.
Key Exceptions to the Coming and Going Rule
Special Hazard Rule
If your employment requires you to use a specific and unusually hazardous route — one that is necessitated by your job and not merely chosen for convenience — an injury on that route may be compensable. For example, if your job site is located in a remote area accessible only by a treacherous road, and you are injured on that road, the special hazard rule may apply.
Employer-Controlled Transportation
When an employer provides or controls the means of transportation — such as a company vehicle, shuttle bus, or carpool arranged by the employer — injuries sustained during that commute may be covered. Because the employer exercises control over how the employee travels, the commute becomes an extension of the employment relationship.
Work-Related Detours
If you make a stop or detour during your commute for a work-related purpose, injuries sustained during that deviation may be compensable. Examples include picking up supplies for the employer, dropping off documents at a client’s office, or running an errand requested by your supervisor. The key question is whether the detour served a purpose that benefited the employer.
Injuries on the Employer’s Premises
Injuries that occur while arriving at or leaving work may be covered if they happen on the employer’s premises or in a parking lot controlled by the employer. For example, if you slip on ice in your employer’s parking lot while walking to your car after your shift, that injury may be compensable even though your workday had technically ended. New Jersey courts have extended coverage in these situations because the employer has a degree of control over the premises.
Dual Purpose Trips
If your travel serves both a personal purpose and a work-related purpose, the injury may be compensable if the work purpose was a “substantial” or “concurrent” factor in the trip. For instance, if you are driving to a remote job site and stop for personal errands along the way, an accident occurring during that trip may still fall within the scope of employment if the primary purpose was work-related.
What to Do If Your Commute Injury May Qualify
If you were injured during your commute and believe one of these exceptions may apply:
- Report the injury to your employer immediately
- Document the circumstances — where, when, and why you were traveling
- Gather witness information if anyone saw the incident
- Seek medical attention and keep all records
- Consult with a workers’ compensation attorney promptly
The Coming and Going Rule and its exceptions are heavily fact-dependent. A qualified attorney can evaluate whether your specific situation falls within one of the recognized exceptions under New Jersey law.
Key Takeaways
- The “Coming and Going Rule” generally bars workers’ comp claims for commute injuries
- Exceptions include employer-controlled transportation, work-related detours, and special hazards
- Injuries on employer-controlled premises, such as parking lots, may be compensable
- Dual-purpose trips may qualify if work was a substantial factor
- Each case is fact-specific — consult an attorney to evaluate whether an exception applies
Reviewed by Britt J. Simon, Esq., Managing Partner — Simon Law Group, LLC — May 2026
The content on this website is for general informational purposes only and is not intended as legal advice. Every case is different. You should consult with a qualified attorney before making any legal decisions. Contacting us through this website does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.