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The 'going and coming' rule in workers' compensation cases

There are many jobs that Massachusetts residents can work in order to make a living. Some of them, of course, are more dangerous than others. For instance, someone working construction is likely putting themselves at greater risk on a daily basis than someone who works in an office on a computer all day. However, an accident can occur in any work environment, regardless of the level of danger involved. When this happens, victims have rights. They may be able to obtain workers' compensation.

Injuries do not necessarily have to occur in the workplace for an injured worker to receive workers' compensation, however. In most cases, an injury that happens when a worker is commuting to and from work does not qualify one for workers' compensation. According to the "going and coming" rule, any injuries sustained on a commute do not qualify one for workers' compensation. However, there are exceptions.

Sometimes, a person's job requires them to travel to multiple sites during their shift. In these cases, it can be possible for workers to claim workers' compensation if injured. These cases do not fall under the "going and coming" rule. Other cases that do not necessarily fall under this rule include when the commute takes place in a company vehicle. Plus, if traveling is a major job duty, a person may be eligible for workers' compensation benefits.

It is not always easy to know when one is eligible for workers' compensation. The legal landscape surrounding these issues is often complex. There are attorneys who can help victims determine whether or not they may be eligible for workers' compensation. Workers' compensation can help victims obtain the compensation they need to go on living after a workplace accident.

Source: FindLaw, "The 'Going and Coming' Rule," Accessed on April 9, 2017

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