For most workers, the daily commute is not covered by workers' compensation — that is the coming and going rule. But there is a major exception that covers a huge number of Pennsylvania workers: the traveling employee exception. If your job requires you to travel, you may be protected by workers' compensation from the moment you leave your driveway.
Who Is a "Traveling Employee"?
A traveling employee is someone whose job has no single fixed place of work, or whose duties require regular travel as a core part of the job. Pennsylvania courts treat their travel as part of the work itself — not a personal commute. Common examples include:
- Sales representatives driving a territory or visiting clients
- Home health aides and visiting nurses going patient to patient
- Repair and service technicians dispatched to job sites
- Delivery drivers — including route, courier, and last-mile drivers
- Construction workers who report to different sites
- Utility and field workers covering a service area
The Powerful Presumption
Here is what makes this exception so valuable. Once you are classified as a traveling employee, Pennsylvania law applies a presumption that you are in the course of your employment during the entire trip — from the time you leave home until you return.
That means a crash on the way to your first appointment of the day, between job sites, or even on the way home from your last stop is generally compensable. The burden shifts to the employer and its insurer to prove you were doing something outside the scope of work.
The key contrast: A worker with a fixed office who crashes on the morning commute usually has no comp claim. A traveling employee who crashes on the very same road, at the very same time, may be fully covered — because travel is part of their job.
When Coverage Can Be Lost
The presumption is strong but not unlimited. Coverage can be challenged if the worker makes a distinct personal departure that abandons the business purpose of the trip — for example, a lengthy detour for a purely personal errand entirely unrelated to work. Minor, reasonable stops (gas, a quick meal) generally do not break coverage. These disputes are fact-intensive, which is exactly why insurers fight them and why experienced representation matters.
You May Have Two Claims
If you were a traveling employee hurt by another driver, you may be able to pursue two claims at the same time:
- Workers' compensation — no-fault coverage of 100% of reasonable medical bills and roughly two-thirds of lost wages, regardless of who caused the crash. It does not pay for pain and suffering.
- A third-party personal injury claim — against the at-fault driver, recovering pain and suffering and your full wage loss, which comp does not cover.
How we work: Attorney Michael Cardamone is a Certified Workers' Compensation Specialist who handles the workers' comp claim directly. For the third-party case against the at-fault driver, we work with our respected, highly experienced Personal Injury colleagues. We handle the workers' comp claim and coordinate with our Personal Injury colleagues on the third-party case to maximize your total recovery — we never claim to handle both ourselves.
The Bottom Line
If your work puts you on the road, do not assume a crash isn't covered just because it happened "on your way." The traveling employee exception is one of the strongest tools in Pennsylvania workers' comp law, and whether it applies comes down to the specific facts of your job and your trip. A free case review can tell you quickly where you stand.
Does Your Job Require Travel?
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