I get this question at least once a week: "I was driving to work and got hit by another car. Is this covered by workers' comp?"
The short answer: Probably not - but maybe. In most cases, your regular commute to and from work is not covered by workers' compensation in Pennsylvania. This is called the "going and coming rule." But here's what insurance companies won't tell you: this rule has significant exceptions. And after 27 years handling these cases, I can tell you that adjusters deny claims that should be approved more often than they should.
The Going and Coming Rule Explained
Pennsylvania follows the "going and coming rule," which generally states that injuries sustained while traveling to or from work are not compensable under workers' compensation. The reasoning: your commute is considered a personal activity, not something that benefits your employer.
The Pennsylvania Supreme Court established this principle decades ago, and it's been reaffirmed in cases like Peterson v. WCAB (PRN Nursing), where the Court emphasized that the employment relationship doesn't begin until the employee reaches the workplace.
From my 27 years handling these cases: Insurance companies love the going and coming rule because it gives them an easy reason to deny claims. But I've seen them apply it incorrectly more times than I can count. They'll deny a traveling salesperson's claim or a technician driving between job sites, citing "commute" when the law clearly says otherwise. Don't take their word for it.
The 7 Major Exceptions
The going and coming rule has several significant exceptions. If any of these apply to your situation, your commute accident may actually be covered by workers' compensation:
1. The "Special Mission" or "Special Errand" Exception
Likely Covered
If your employer asked you to perform a special task on your way to or from work - like picking up supplies, dropping off a package, or stopping at a client's location - your travel may be covered.
Example: Your boss calls you at home and asks you to stop at the office supply store on your way in. You're in an accident in the store parking lot. This could be covered because you were on a "special mission" for your employer.
2. The "Traveling Employee" Exception
Likely Covered
If travel is a regular part of your job - not just commuting to a fixed workplace - you may be covered during your travels. This applies to salespeople, service technicians, home healthcare workers, and others who travel as part of their job duties.
Example: An HVAC technician drives from home directly to a customer's house for a morning appointment. They're in an accident on the way. Because travel between job sites is part of their job, this is likely covered.
3. The "No Fixed Workplace" Exception
Likely Covered
If you don't have a regular, fixed place of work - like construction workers who report to different job sites - your travel to those sites may be covered.
4. The "Employer-Provided Transportation" Exception
Likely Covered
If your employer provides your transportation - a company vehicle, a shuttle, or pays for your travel - accidents during that commute may be covered.
Example: Your employer provides a company van that picks up workers and brings them to the job site. An accident during that ride would likely be covered.
5. The "On-Call" Exception
Likely Covered
If you're called in to work unexpectedly or are traveling to respond to an emergency, that travel may be covered because it's not your routine commute.
6. The "Dual Purpose" Exception
May Be Covered
If your trip serves both personal and business purposes, and the business purpose would have required the trip anyway, it may be covered. This is often the trickiest exception to prove.
7. The "Premises" Exception
Likely Covered
If you're injured in your employer's parking lot, on sidewalks your employer maintains, or anywhere else considered part of the employer's "premises," you're likely covered - even if you haven't technically started work yet.
Quick Reference: Is My Situation Covered?
| Scenario | Covered? |
|---|---|
| Regular commute from home to office | Usually No |
| Regular commute home from office | Usually No |
| Driving between two work locations | Yes |
| Driving home to work, stopping for coffee (personal errand) | No |
| Driving home to work, stopping to pick up supplies for employer | Likely Yes |
| Accident in employer's parking lot | Usually Yes |
| Service tech driving from home to first customer of day | Likely Yes |
| Called in on day off, accident on way to work | Possibly Yes |
| Working from home, driving to office for meeting | Possibly Yes |
| Construction worker driving to new job site | Likely Yes |
What If My Employer Says It's Not Covered?
Employers and their insurance companies often default to denying commute-related accidents. They'll cite the going and coming rule without carefully analyzing whether an exception applies.
Here's something most people don't realize: Insurance adjusters aren't lawyers. They're trained to look for reasons to deny claims, and "going and coming" is their favorite. I've had cases where the adjuster denied a claim in 24 hours - there's no way they actually investigated whether an exception applied. They just saw "driving" and stamped "denied."
The burden is on you to prove that an exception applies. In my experience, the most important evidence includes:
- Documentation - Emails, texts, or other evidence showing your employer directed you to travel
- Job description review - Evidence that travel is part of your regular duties
- GPS or electronic records - Data showing your route and timing
- Witness statements - Co-workers or supervisors who can confirm your assignment
Real Case Example: The Pharmaceutical Rep Who "Wasn't Commuting"
A few years ago, I represented a pharmaceutical sales rep from Montgomery County who was T-boned on Route 202 while driving from her home to her first client appointment in King of Prussia. Her employer - a major pharmaceutical company - denied workers' comp, citing the going and coming rule.
Here's what we did to win: We obtained her Outlook calendar showing she had client visits scheduled starting at 8:30 AM - before normal office hours. We got her job description, which specifically stated "regular travel to healthcare facilities required." We subpoenaed GPS records from her company-issued phone showing she rarely went to corporate headquarters - her "office" was her car and her clients' locations.
The Workers' Compensation Judge agreed. The decision cited the "traveling employee" exception and specifically noted that her workday began when she got in her car, not when she arrived at some arbitrary office location. Workers' comp covered her medical bills (over $80,000 in surgeries and physical therapy), and we coordinated with a colleague to pursue the third-party claim against the driver who hit her.
The lesson: The insurance company's first answer isn't always the right answer.
Don't Forget: You May Have a Third-Party Claim Too
Even if your accident qualifies for workers' compensation, you may also have a personal injury claim against the at-fault driver. These are two separate legal matters:
- Workers' compensation - Covers your medical bills and a portion of lost wages, regardless of who was at fault
- Third-party claim - Seeks compensation from the at-fault driver for pain and suffering, full lost wages, and other damages
At Keystone Crash Lawyers, we handle the workers' compensation side and work with trusted personal injury attorneys to coordinate third-party claims when applicable.
What To Do After a Commute Accident
- Report the accident to your employer immediately - Even if you're not sure it's covered, report it. Failure to report can hurt your case later.
- Get medical treatment - Your health comes first. Keep all records.
- Document everything - Save texts, emails, or voicemails from your employer about any work-related travel.
- Don't accept "no" without analysis - If your employer denies coverage, consult with an attorney who can evaluate whether an exception applies.
- Act quickly - Pennsylvania has deadlines for workers' comp claims (120 days to report, 3 years to file).
- Save text messages and emails. The most common evidence I use to win "special mission" cases is a text from a supervisor saying something like "Can you stop at Home Depot on your way in?" That one text can be worth thousands in benefits.
- Check your employee handbook. Many employers have policies stating that employees using company vehicles are covered "from the moment they leave home." That's an admission that travel is work-related.
- Don't volunteer "I was just driving to work." When you report an accident, stick to facts: where you were going, what you were doing, who asked you to do it. Let an attorney analyze whether it qualifies - don't do the insurance company's job for them.
- The first denial isn't final. Workers' comp denials can be appealed. I've overturned dozens of "going and coming" denials by gathering evidence the insurance company never bothered to request.
Not Sure If Your Accident Qualifies?
The going and coming rule has many exceptions. A free consultation can help determine if your situation falls into one of them.
Call (215) 206-9068Frequently Asked Questions
I was in an accident on my lunch break. Is that covered?
Generally, no - unless you were performing a work errand. If you left work to grab personal lunch, that's typically not covered. But if your boss asked you to pick something up for the office while you were out, that portion of your trip may be covered.
What if I work from home and was driving to the office?
This is an evolving area of law, and frankly, Pennsylvania courts are still catching up to the remote work reality. If you primarily work from home and were traveling to the office for a specific meeting or task, there's a strong argument this is a "special mission" rather than a regular commute. I've seen judges go both ways on this. The key factors seem to be: (1) how often you go to the office, (2) whether this trip was for a specific purpose, and (3) what your employer's remote work policy says about your "primary" workplace.
Does it matter who caused the accident?
For workers' compensation purposes, no. Workers' comp is a no-fault system - if your injury is work-related, you're covered regardless of who caused the accident. However, fault matters for any third-party personal injury claim against the other driver.
What if I made a personal stop during a work trip?
This is where things get complicated, and honestly, it's one of the most litigated issues in workers' comp. Pennsylvania courts generally apply the "minor deviation" rule - a quick stop for gas, coffee, or a bathroom break doesn't take you out of the course of employment. But if you drive 20 miles out of your way to run a personal errand, that's a different story. The Workers' Compensation Act uses the phrase "furtherance of the employer's business," and judges look at whether you had returned to that purpose when the accident happened. I always tell clients: document your route and your reasons for any stops.
