Legal Definitions - going-and-coming rule

The going-and-coming rule is a legal principle that generally states an employee's regular commute to and from their workplace is considered outside the "scope of employment." This means that, under most circumstances, employers are not held responsible for an employee's actions or injuries that occur during this routine travel.

This rule primarily applies in two key areas:

• Employer Liability for Employee Actions: It limits an employer's responsibility for any harm or damage (known as torts) an employee might cause while commuting.
• Workers' Compensation Eligibility: It typically prevents employees from receiving workers' compensation benefits for injuries sustained during their normal travel to or from work.

Here are some examples illustrating the application of the going-and-coming rule:

• Example 1 (Employer Liability): Sarah works as a marketing manager and drives her personal car to the office each day. One evening, while driving home after a typical workday, she accidentally runs a red light and causes a minor collision with another vehicle. The driver of the other vehicle attempts to sue Sarah's employer, arguing that Sarah was an employee. Under the going-and-coming rule, Sarah's employer would generally not be held liable for the accident because Sarah was simply commuting home, and her actions at that time were not considered part of her job duties or within the scope of her employment.

• Example 2 (Workers' Compensation): David is a construction worker who takes a public bus to his job site every morning. One day, while waiting at his usual bus stop, he slips on a patch of ice on the sidewalk and breaks his ankle. David files a claim for workers' compensation benefits, arguing that he was on his way to work. However, the going-and-coming rule would likely apply, denying his claim because his injury occurred during his ordinary commute, before he had arrived at his workplace or begun his work duties.

• Example 3 (Employer Liability & Workers' Compensation): Maria is a graphic designer who works remotely three days a week and commutes to the office two days a week. On one of her office days, she stops at a coffee shop on her way in, a few blocks from her office, and accidentally spills hot coffee on another customer. Later that day, on her way home, she gets a flat tire and injures her back while attempting to change it. In both scenarios, the going-and-coming rule would typically apply. Her employer would likely not be responsible for the coffee spill incident, nor would Maria's back injury from changing the tire be covered by workers' compensation, as both events occurred during her routine commute and were not directly related to her job responsibilities.