Philadelphia, PA / January 30, 2019 / -- Philadelphia’s workers’ compensation attorney, Rand Spear, wants Pennsylvania residents to understand their rights regarding the “coming and going” rule in the event that they are injured during their commute to or from work. If it does happen to you, your employer will likely take the stance that you are not entitled to workers’ compensation due to the “coming and going” rule.
“Coming and Going” Rule Isn’t Outlined in Pennsylvania Law
While the “coming and going” rule isn’t outlined in Pennsylvania labor laws or civil code, it has been shaped over the years by case law. The rule basically indicates that there are two main criteria for injuries sustained to be compensable. Those criteria are:
- Your injury must have occurred in the course of employment
- Your injury must have arisen out of the scope of employment
The reasoning behind the “coming and going” rule is that when you are driving, or otherwise commuting to and from work, you are not acting in the scope of employment, nor are you providing a benefit to your employer. For an injury to happen in the scope of employment, it has to encompass activities or actions that employees would reasonably perform as part of their jobs.
Because the “coming and going” rule is not actual law, but rather a matter of case precedents, it’s important to contact a workers’ compensation attorney to review your specific situation if you are injured on your way to or from work to determine whether there is a claim to be filed.
A workers’ compensation attorney can investigate your actions while traveling, and establish whether they were in furtherance of your work and scope of employment. Establishing this is important because there is a precedent for this type of situation. In a 1977 case, Slaugenhaut v. U.S. Steel, it was ruled in the Commonwealth Court of Pennsylvania that injuries could be sustained in the course of employment when:
- An employee is injured on or off the work premises when he or she is actually engaged in the furtherance of the employer’s affairs
- An employee is on property under the control of or occupied by the employer or where business affairs are being conducted. The work must be required by the nature of employment or else happened as a condition of the premises the employer operated on.
As you can see, the “coming and going” rule can become murky and complicated. That means that it’s important to enlist the help of an experienced workers’ compensation lawyer to review specific circumstances when there is an injury that happens on the way to or from work.
Let Workers’ Compensation Lawyer Rand Spear Review Your Case
If you or a loved one has suffered an injury during your commute to work, Philadelphia workers’ compensation lawyer, Rand Spear, can evaluate your case and help you determine how to proceed. Contact his law office at 215-985-2424 to get the help you need.
Media Contact:
Philadelphia Workers’ Compensation Attorney Rand Spear
(T): 215-985-2424
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