Does Workers' Compensation Cover Commuting Accidents in New York?

When an accident occurs on your way to work or returning home, a pressing question arises: Will workers' compensation cover it? The quick answer is generally no — most commuting injuries fall outside workers' compensation benefits due to the "coming and going rule". However, in some instances, the answer is more complicated, and your injuries might be covered under workers’ comp.

At Fellows Hymowitz Rice, our workplace accident lawyers have guided countless New Yorkers through the complexities of accident claims. We'll help determine whether your situation falls within the critical exceptions to the “coming and going rule” and identify all potential avenues for compensation after a commuting accident.

The Reality of Commuting Accidents in New York

Recent analysis from Transportation Alternatives and Families for Safe Streets reveals a troubling trend: In just the first nine months of 2024, New York traffic incidents claimed 193 lives and left 2,338 people with serious injuries. These numbers underscore the daily risks New Yorkers face during routine commutes.

The key distinction that affects compensation options is whether the incident qualifies as a related injury or illness to employment or remains classified as personal travel. This classification determines whether NY workers' compensation applies or if other compensation avenues must be pursued instead.

Work-Related Auto Accidents and the Coming and Going Rule

The "coming and going rule" is the foundational principle for evaluating commuting accidents under workers' compensation law. This rule generally establishes that injuries sustained while traveling to and from work aren't compensable through workers' compensation.

The rationale behind this restriction is straightforward: employers typically don't control your chosen route, transportation method, or travel time outside working hours. Therefore, they aren't liable for injuries occurring during these periods.

However, several significant exceptions to the coming and going rule may qualify your commuting accident for workers' compensation benefits:

• Company vehicle use: Workers' compensation may apply if your car accident occurred while driving a company-owned or leased vehicle.
• Travel between work sites: A work-related injury occurring while traveling between different work locations during the workday typically qualifies for coverage.
• Special missions: If you were running an errand for your employer outside regular work hours, this "special mission" exception might apply. For example, your employer asks you to take a detour on your way home to drop off mail at the post office.
• Employer-paid travel: When your employer pays for your travel time or reimburses travel expenses, the commute could be deemed work-related.
• No fixed workplace: For employees without a fixed work location (such as traveling salespeople or home healthcare workers), travel is often considered part of their job duties.

The determination hinges on whether the activity at the time the accident occurred was sufficiently connected to employment responsibilities. For instance, a construction worker picked up by a company van transporting employees to a worksite would likely qualify for benefits if injured during that commute, while someone taking public transportation to their office job typically wouldn't.

These cases are very fact-specific. Each case demands individual assessment, as subtle details often determine whether workers' compensation applies to a particular commuting scenario.

How to Get Money for Your Commuting Accident Injuries

When workers' compensation doesn't cover your commuting accident, alternative compensation paths become vital. Here's how to pursue financial recovery:

Third-Party Claims

When another driver's negligence caused your commuting accident, you can file third-party claims for commuting accidents against their insurance. Unlike workers' compensation, these claims allow recovery for:

• Complete lost wages (not just a percentage)
• Full medical expenses
• Pain and suffering
• Emotional distress
• Loss of life quality

Third-party claims require proving that another party's negligence contributed to your injuries, but they typically offer more comprehensive compensation than workers' compensation benefits. For example, during your commute to work, you were struck by a drunk driver and seriously injured. You probably couldn’t receive workers’ comp benefits under that scenario, but you could file a personal injury lawsuit against the negligent driver for your damages.

Personal Auto Insurance

Your personal auto insurance policies may also provide valuable coverage through the following:

• Personal injury protection (PIP): Available regardless of fault, covering medical expenses and some lost income.
• Uninsured/underinsured motorist coverage: Vital when the at-fault driver lacks sufficient insurance.
• MedPay: Supplemental coverage for medical expenses regardless of fault.

Reviewing your policy details immediately after a commuting accident helps identify all potential recovery sources.

Public Transportation Claims

For accidents occurring on buses, subways, or other public transit, claims against the transportation authority might be possible. These entities must maintain reasonably safe conditions for passengers. However, notice requirements and filing deadlines for such claims are often significantly shorter than standard personal injury cases, sometimes as brief as 90 days. We strongly suggest you contact our experienced personal injury lawyers immediately after a public transport accident.

Premises Liability Claims

If your commuting accident involved a fall or other injury at a parking garage, train platform, or similar location, the property owner's negligence in maintaining safe conditions could establish grounds for a premises liability claim.

The optimal approach often combines multiple compensation avenues, maximizing your potential recovery while accounting for each strategy's limitations. How work-related auto accidents may be managed depends heavily on the specific circumstances surrounding your commute and the accident itself.

Reasons to Hire Our Personal Injury Accident Attorneys for Commuting Accidents

The boundary between personal commuting and work-related travel often blurs, requiring extensive legal research and advice on the facts of your particular case. Our experienced workplace or auto accident attorneys bring several advantages to the table:

• Determining whether exceptions to the coming and going rule apply to your situation requires a thorough analysis of employment policies, past practices, and the specific circumstances of your commute. Our skilled attorneys evaluate these factors, research prior similar cases, and identify all viable compensation paths.
• Documentation requirements differ significantly between workers' compensation claims and personal injury lawsuits. Our attorneys will ensure that all necessary medical records, employment documents, and evidence are properly collected and presented.
• Insurance companies frequently challenge claims at the intersection of personal and work-related activities. Having knowledgeable representation prevents carriers from unfairly denying valid claims by mischaracterizing the nature of your commute.
• When your accident involves multiple potential compensation sources, timing and coordination become paramount. Filing in the wrong sequence could reduce your overall recovery, especially when health insurance, auto insurance, and potential workers' compensation benefits all come into play.
• The distinction between business trip travel and regular commuting affects compensation eligibility. Our attorneys will establish when your travel constitutes work-related transportation rather than personal commuting and move forward with your best interests in mind accordingly.

Protecting Your Rights After a Commuting Accident

If you’ve been injured during your commute to or from work, don’t wait to contact us. The timing is crucial, and you don’t want to miss out on potentially thousands of dollars.

At Fellows Hymowitz Rice, we perform a comprehensive investigation of your commuting accident circumstances to identify all potential compensation avenues. Whether through workers' compensation benefits, third-party personal injury claims, or combinations of both, we pursue maximum recovery for commuting-related injuries. Contact our team today for a confidential consultation!