Daily trips to and from the workplace are a routine part of life for workers in the greater NYC area. Typically, if you’re injured during your commute, you aren’t eligible for workers’ compensation in New York. However, there are certain exceptions, so it’s vital to know your rights. At Nappa, Monterosso & Poznansky, LLP, our workplace injury lawyers in Staten Island have more than 30 years of experience helping clients navigate complex claims. We help you understand exceptions to the coming and going rule in New York and how it may affect your case.
Key Takeaways:
- Most commute injuries aren’t covered by New York workers’ compensation, but exceptions exist for traveling employees and other unique situations.
- If you’re hurt on a premises or parking lot owned by your employer, you may be eligible for workers’ compensation benefits, even if you weren’t on the clock.
- As the largest workers’ compensation law firm in Staten Island, we understand complex claims involving the coming and going rule in NY and fight to protect your rights.
What is the Coming and Going Rule in NY?
Under legal guidelines known as the coming and going rule in New York, a person’s everyday commute to and from a fixed workplace is considered a personal activity. This means that if you’re injured in a car accident or slip and fall on a subway platform on your way to or from work, it’s generally not covered by workers’ compensation.
Common Commute Injury Exceptions in New York
While the coming and going rule seems fairly straightforward, there are exceptions to this rule in certain circumstances.
Traveling Employees
When an employee’s job requires them to travel to multiple locations during the day, they may be eligible for workers’ compensation benefits if they are injured while traveling or working. Some common occupations often affected by this exception include:
- Home health aides
- Visiting nurses
- Sales representatives
- Delivery drivers
- Field service technicians
Employer-Provided Transportation
Some employers provide employees with vehicles used for commuting or offer transit services such as a company shuttle. Because the employer exercises control over the method of transportation, injuries sustained during these trips may be covered under NY workers’ compensation.
Performing Special Errands During Your Commute
Your regular commute can become work-related if your boss or company owner asks you to complete a specific task along the way. For example, say your supervisor asks you to pick up pastries for a morning meeting or to drop mail at the post office on your way home. An injury that occurs during an errand-related detour may be covered, as it directly benefits your employer’s business.
Injuries on Employer Premises
The NY coming and going rule doesn’t apply once you arrive at work. This means if you’re hurt walking in a parking lot or fall down the stairs on a premises owned by your employer, workers’ compensation should cover any medical care or wage replacement benefits you need due to your injury.
Business-Related Travel
When you’re required to travel to a conference or off-site client meeting, your entire travel window may be covered by workers’ compensation if you’re injured. This may even apply to areas like an airport, hotel, or restaurant you frequent on a business trip as long as it is reasonable and work-related.
Employees without a Fixed Worksite
Regional managers, utility contractor employees, and construction workers often report to different jobsites every day or week. If you have no central reporting location, the New York Workers’ Compensation Board (WCB) or a judge will look closely at the nature of your work assignment to determine if your trip to or from the location was a necessary condition of employment.
Our Staten Island workplace injury attorneys handle cases involving almost every type of scenario imaginable. We assess your specific circumstances to determine whether any of these exceptions apply and build a compelling legal strategy for your claim.
Home Office and Hybrid Work
In the age of work from home and hybrid employment arrangements, eligibility for workers’ compensation benefits can be murky. However, if you have an employer-approved home office and travel from there to a client location or corporate headquarters, it may be considered travel between two work sites. This means that if you’re hurt in a car accident or sustain another type of injury along the way, you may qualify for workers’ compensation in New York.
Common Roadblocks & How to Avoid Them
If the circumstances surrounding your injury are uncertain, your company’s insurance company will likely use the coming and going rule in NY as a reason to deny your claim. They may argue that a special errand was personal or that a trip doesn’t meet the legal definitions for a traveling employee.
Make sure to keep any emails, text messages, voicemails or other proof of your supervisor asking you to perform tasks before or after work. Take photographs of the location where you were injured, get witness contact details, and seek prompt medical attention from a WCB-approved doctor. Get a copy of your job description and employee handbook if your company has one. Documenting everything provides evidence that can make or break your case.
How a New York Workplace Injury Attorney Can Help
If workers’ compensation benefits are disputed or denied by your employer or their insurer, it’s vital to speak to an experienced attorney who can help you understand your options and protect your rights.
Investigate and Gather Evidence
Our team begins investigating right away and works quickly to secure and gather evidence like electronic correspondence with supervisors, police reports, mass transit records, job descriptions, and employment records to build a clear picture of why your condition should be considered a workplace injury.
Advocate on Your Behalf
Dealing with unpaid bills and insurance adjusters while recovering from a work injury is stressful. Our attorneys manage all communications and negotiations with insurers. We submit all required documentation to the WCB and make sure important deadlines are met.
Assist with Appeals
If you receive a workers’ compensation denial, you have the right to appeal the decision. We handle all aspects of your appeal, prepare you for hearings, and advocate voraciously on your behalf.
Why Choose Our Staten Island Workers’ Compensation Lawyers?
Deep roots in the community — As native Staten Islanders, our law firm’s reputation is built on more than three decades of service to injured workers in the greater NYC area. We have longstanding professional relationships with the WCB, judges and court staff, medical providers, and local insurance company representatives.
Compassionate legal advocacy — We understand that the physical, emotional, and financial stress of a work injury can take a toll on your well-being. Our team supports you through the process and provides the tenacious advocacy you deserve to get the workers’ compensation or Social Security Disability benefits you need.
Direct, bilingual communication — At Nappa, Monterosso & Poznansky, attorney and Partner Rolando Cubela serves our Spanish-speaking clients directly so language is never a barrier to clear communication.
No upfront financial risk — Our workplace injury attorneys take cases on contingency. This means you don’t have to worry about any upfront costs and we only get paid if your case is successful.
Find a Commute Injury Lawyer Near You in Staten Island
If you’re uncertain about whether a commute injury exception applies in your case or need help with another workers’ compensation matter, Nappa, Monterosso & Poznansky, LLP is here for you. Contact us or call 718-273-9000 today to schedule a free consultation with a worker’s comp lawyer near you in Staten Island. We serve clients throughout the greater New York City area.
