Getting injured while driving to or from work is it covered under N.J. Workers’ Compensation Act.
Injuries sustained while traveling to or returning from work, is that covered by New Jersey’s Workers’ Compensation Act? The general rule (although there are exceptions) is No. The vernacular typically used by workers’ compensation attorneys and judges to describe this scenario is, “Going and coming rule.”
Under the “Going and coming rule” workers’ compensation benefits are typically limited to injuries incurred by an employee on the employer’s premises. See, N.J.S.A. 34:15-36. An employee falls within that category, if and only if, that employee is considered an On-premises employee (for purposes of workers’ compensation that means when the employee arrives at the employer’s premises and said employee/worker sheds that status once he/she departs).
If you feel you have a similar situation or just are unclear as to what constitutes in the course of employment, contact Dan T. Matrafajlo, New Jersey’s Workers’ Compensation attorney for a free office consultation session.