Do I get Missouri Work Comp if I’m injured driving to work?
Missouri Workers’ compensation is designed to provide benefits to workers who are injured on the job. However, the “Going to- Coming From” rule means workers usually cannot collect Missouri Workers Compensation if they are injured while driving to work.
The issue is whether the Missouri worker’s injuries occurred during the course of their employment. Injuries which arise while the employee is on the job are usually pretty simple to determine, however when the worker is driving and is involved in an car accident or truck accident, the issues become much more difficult.
As a general rule an employee who is injured while traveling to and from work is not entitled to compensation under Missouri Workers’ Compensation. However, there are exceptions to this general rule exist if special circumstances surrounding the employee’s injury reflect a causal connection between the conditions under which the work is to be performed and the resulting off-premises injury.
Further, it’s all the facts of the case that must be looked at to determine whether there is a sufficient connection between the employment and the injury so that it may be said that the accident occurred within the scope of employment. So, while the factors listed below are applicable in determining whether a compensable injury occurred, the “totality of the circumstances” will ultimately dictate the outcome.
The following is a list of factors that can be argued to defeat to the coming and going rule, which means in these cases, employees may be entitled to worker’s compensation benefits:
· An employee who drives a company vehicle to and from work or is reimbursed for travel expenses by his or her employer could be considered an exception.
· An employee who is on the premises of his or her workplace when the accident occurs could fall under an exception to the coming and going rule. As an example, a parking lot accident before an employee leaves the premises will probably be covered under Workers’ Compensation.
· An employee who drives from Point A to Point B—i.e., driving to multiple job sites within a shift, is considered an exception to the going to and coming from rule.
· An employee who is traveling specifically for his or her job, can fall under an exception to the going to coming from rule.
· Employees whose normal duties involve traveling—well beyond a simple commute to and from work—such as pilots, truck drivers, Missouri state troopers, bus drivers, etc., are generally covered under Missouri Workers’ Comp in the event of a car accident.
· An employee who is sent on a special trip—which is generally unrelated to work—to do something for his or her employer is probably covered under Missouri Workers’ Comp in the event of an accident.
Under any of these circumstances, the employee is probably entitled to file a Missouri Workers’ Comp claim for the accident. However, employees who fall under the “Going to- Coming From” rule—those who are traveling on a public road, going to or coming home from work—may find an accident falls outside the course of their employment.
Many employees feel the commute to and from work is job-related. However, aside from certain exceptions, Missouri Workers’ Compensation benefits do not apply to injuries an employee sustains while commuting to and from work.
If you have been involved in an Missouri auto accident which you believe should be covered by Workers’ Compensation, rather than simply accepting the Going to- Coming From rule, it is important that you seek legal advice to ensure your rights are fully protected. Don’t just search online on for “Missouri Workers Comp Lawyers Near Me”. Take the time to find the best Missouri work comp lawyer for your case.
If you would like more information about the Missouri Work Comp process, please request my FREE ebook report Understanding Your Missouri Workers Compensation Case.
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If you or or a family member was injured at work or in an on the job accident, The Krebs Law Firm LLC offers a free case evaluation if you have questions. Many people may be worried that they do not have the money to pay for a Missouri work comp attorney when they were injured at work but we only handle work comp, accident cases and Social Security Cases on a contingent fee basis. In other words, there is no fee unless we are successful in getting you the benefits that you deserve. Simply call (417) 883-5886 or statewide 1-800-345-0535 for your free case evaluation today.