If you were seriously hurt in a car accident on your way to or from a job site in Cattaraugus County, Allegheny County, or a neighboring community, the first question running through your mind is probably whether workers’ comp will cover you. Even if you were not in the direct course of your work duties, you’re still laid up, unable to work, and the bills are already stacking up. The honest answer is: it depends on the details of your accident.
New York workers’ compensation law is built around one central idea: your employer is responsible for injuries that happen while you are working, not during your personal time. Workers’ compensation benefits in New York generally cover medical costs and a portion of lost wages when an injury arises out of and in the course of employment. The problem with commuting accidents is that getting to and from work is not, under most circumstances, considered part of your job.
What Is the “Going and Coming” Rule?
New York law has a long-standing principle called the “going and coming” rule. The basic idea is straightforward: when you are traveling between your home and your regular workplace, you are not considered to be acting in the course of your employment. In other words, you aren’t “at work” while commuting.
The idea is that your employer generally does not control how you get to work, which route you take down Route 417 out of Olean, or how long your drive takes through the hills between Salamanca and Little Valley. Because your employer has no real say over that time, New York law generally says they are not on the hook if something goes wrong during that commute.
So if you are a pipefitter or an ironworker driving your own truck down US 219 toward a job site in the morning, and another driver crosses the center line and hits you, the default position under New York law is that your injuries are not covered by workers’ comp. That feels wrong, especially when the whole reason you were on that road was to get to work. But that is how the rule operates in its basic form.
To be clear about that last point: the going and coming rule does not mean you have no options at all. It just means workers’ comp may not be the right avenue, at least not automatically. A personal injury claim against the at-fault driver could still be very much on the table. But if you are wondering specifically about workers’ comp coverage, the exceptions to this rule are where the real analysis begins.
What Exceptions Could Qualify Your Commute Injury for Workers’ Comp?
The going and coming rule is not absolute. New York recognizes several situations where a commuting injury can still qualify for workers’ compensation benefits. Whether any of these apply to your situation is a factual question that the New York Workers’ Compensation Board would ultimately weigh in on, but understanding them is a good starting point.
The special errand exception is probably the most common one we see come up. If your employer asked you to do something work-related that altered your commute, that trip may no longer be treated as purely personal travel. Think about a construction foreman who gets a call from his boss asking him to swing by the supply yard on Route 16 near Franklinville to pick up materials before heading to the job site. If he gets into an accident on that detour, there could be a strong argument that the trip served a purpose for the employer and falls within the scope of employment.
Traveling employees are another category worth knowing about. Some workers do not report to a single fixed location every day. Contractors, field technicians, and tradespeople who move from site to site throughout the week may have a stronger argument that their travel is itself part of the job. When your work requires you to be on the road as a regular and significant part of what you do, the going and coming rule often applies differently.
Employer-provided transportation is a third exception. If your employer arranged or paid for the vehicle you were riding in, or if you were reimbursed for mileage on that specific trip, the commute takes on a different character under New York law. The employer’s involvement in getting you to work can shift the analysis considerably.
And then there is the employer premises question. Injuries that happen on property owned or controlled by your employer, including parking lots tied to the workplace, may be treated differently than injuries that occur out on a public road. This one is more fact-specific than it sounds, but it is worth raising if your accident happened close to the job site.
Talk to Someone Before You Assume the Answer Is No
Most people who call us after a commuting accident have already been told, or assumed on their own, that workers’ comp will not apply. Sometimes that is correct. But not always. The timing here matters. Evidence fades, witnesses become harder to locate, and certain legal windows close over time. Getting a clear picture of your options early on protects you.
At Fessenden, Laumer & DeAngelo, PLLC, we work with injured workers throughout Cattaraugus County, including folks in Olean, Salamanca, Ellicottville, Randolph, and the surrounding communities. If you were seriously hurt in a car accident while commuting and you are not sure whether you have a workers’ comp claim, we encourage you to reach out. A conversation costs nothing, and it could make a significant difference in how your situation unfolds.
