The “Coming and Going” Rule in New Jersey Workers’ Compensation Cases
In New Jersey, the general rule for Workers’ Compensation claims is straightforward: an injury must occur in the course of employment to be compensable. This means that if an employee is injured during their normal commute to or from work, they typically cannot file a Workers’ Compensation claim. This is commonly known as the “Coming and Going Rule.”
However, like many legal rules, there are important exceptions. Depending on the circumstances, certain commute-related injuries may still be covered under New Jersey’s Workers’ Compensation laws.
Key Exceptions to the Coming and Going Rule
- Special Hazard Rule
If an employee must use a specific and unusually hazardous route to get to work (for example, crossing a dangerous intersection required by the commute), and an injury occurs on that route, the claim may be compensable.
- Employer-Controlled Transportation
When an employer provides transportation—such as a company vehicle, shuttle, or other means of travel, injuries sustained during that commute may be covered, since the employer has control over how the employee is traveling.
- Work-Related Detours
If an employee makes a stop or detour during their commute for work-related purposes (such as picking up supplies or running an errand for the employer), injuries sustained during that deviation may be compensable.
- 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. For example, an accident in the company parking lot as an employee arrives or departs may qualify, depending on the circumstances.
- Dual Purpose Trips
If travel serves both a personal and a work-related purpose (such as attending a business conference while also visiting family in the same area), injuries connected to the work-related portion of the trip may be covered.
What This Means for Employees
Generally, a routine commute is not covered by Workers’ Compensation. But when the commute is intertwined with job responsibilities, employer-provided transportation, or other special circumstances, coverage may apply.
Get Legal Guidance on Your Claim
Workers’ Compensation claims are fact-specific, and exceptions to the Coming and Going Rule can be complex. At Simon Law Group, our attorneys can review your situation, explain your options, and help you determine whether your injury may be covered.
📞 Contact us today 800-709-1131 or text us at 908-864-4450 for a consultation to evaluate the nature of your Workers’ Compensation claim.
