Maryland’s “going and coming rule” applies to workers’ compensation cases in the state and is designed to prevent employees from receiving workers’ compensation benefits for injuries that incur commuting to and from work. The law assumes that an employee is willing to accept responsibility for his or her travel to and from the workplace, and guarantees that employers will not be forced to pay any benefits if an accident resulting in injuries should occur.
There are exceptions to the going and coming rule, and most would assume that employers would give some leeway to an employee injured in travel to and from work. For instance, if an employee is in a car crash on the way to work, his or her employee should be understanding and prioritize the employee’s health and well-being, even if no workers’ compensation benefits are required by law.
Other exceptions to the states going and coming rule include:
If an employee is already at work, on the employer’s premises including the parking lot, workers’ compensation benefits should be available. Once you reach your destination, it is no longer considered going and coming from work.
Transportation Needed or Paid for by an Employer
If an employer pays for employee transportation to and from work, workers’ compensation benefits might apply. For instance, if those driving a company-owned vehicle to and from work, or working for an employer that requires a vehicle be brought to work, benefits might be applicable.
Employees who work onsite and from home, and travel partway through the workday might be entitled to workers’ compensation benefits should an accident occur.
Special Dangers and Special Errands
If an employee faces special dangers on the way to or from work, compensation benefits might be available. The same is true if you perform special errands for your employer and you are injured in an accident on the road.
Special hazard and special danger exceptions vary, which is one of the many reasons it is important to work with an attorney when workers’ compensation benefits are in question.
For more information about the rules regarding workers’ compensation benefits in Maryland, visit the Workers’ Compensation Commission.
Injuries that happen in the workplace or are related in some way to your workday or your employment can be especially frightening and confusing. Not only are you faced with having to recover from the injury, you might also be forced to deal with endless paperwork and questions about the injury circumstances. No employee deserves the headaches and frustration of a difficult workers’ compensation case.
If you are facing a situation like this or your workers’ compensation claim appears to be going smoothly, but you still have concerns, we can help. To discuss your case or to speak with someone about workers’ compensation benefits in Maryland, contact Shugarman & Mehring at 410.783.4200 or toll free at 888.342.7200.