If you’ve been hurt on your way to or from work, you’re probably wondering one thing: Can I get workers’ comp for this? In Pennsylvania, the answer is usually no—but there are key exceptions. Knowing whether you’re covered comes down to something called the “coming and going” rule.
What Is the Coming and Going Rule in Pennsylvania?
Pennsylvania’s coming and going rule says that injuries suffered during your commute are generally not covered by workers’ compensation. Why? Because you’re not technically considered “at work” until you reach your job site. So unless you’re already on the clock or performing a job-related task, your commute is treated as personal time.
Let’s say an administrative assistant is biking to the office and gets hit at an intersection nearby. As awful as that is, they likely wouldn’t qualify for workers’ comp because the crash happened during their commute—not during their workday.
But like most rules, this one has exceptions.
When a Commute Becomes Work-Related
Not all jobs follow a traditional routine. And sometimes, your commute is part of the job. You might still be eligible for workers’ compensation if you were hurt while:
- Traveling under the terms of your employment contract
- Driving to or from a job site when you have no fixed workplace
- Running a work errand or doing a special assignment
- Performing a task that furthers your employer’s business
Here’s how those exceptions work in practice:
Your contract includes travel: If your job agreement covers your transportation—like a company-provided vehicle or paid travel time—then your commute might be considered work.
You have no fixed workplace: Sales reps, traveling nurses, electricians, and similar workers often report directly to job sites. If that sounds like your role, your commute to those locations may qualify for benefits.
You’re running a job-related errand: If you’re picking something up for your boss or delivering equipment for a project, your commute could be covered.
When travel is tied directly to your job duties, the lines start to blur—and that’s where a good attorney comes in.
Why These Claims Are Decided Case by Case
Commute-related claims aren’t black and white. The outcome often depends on:
- The details of your job
- The purpose of your travel
- What your employer expected you to do
- Whether your actions benefited the company in some way
Because there’s room for interpretation, these cases are usually resolved on a case-by-case basis. That makes it critical to have someone in your corner who can build a strong case and make your story clear.
If your claim has already been denied, don’t panic. You still have the right to appeal—and that’s where we can step in to help.
How an Attorney Can Strengthen Your Case
Insurance companies don’t make it easy to win non-traditional claims. If they can find a way to say you weren’t “on the job,” they’ll try to deny you the help you need. That’s why having an experienced workers’ compensation lawyer is so important.
A good attorney will:
- Pinpoint whether any exceptions apply to your case
- Gather the right evidence to prove your travel was job-related
- Handle all paperwork, deadlines, and appeals
- Push back against bad-faith denials or misreadings of the law
At Handler, Henning & Rosenberg LLC, we’ve spent the last century helping workers get what they’re owed. We’ve been serving Pennsylvania since 1922, and we’ve seen the workers’ comp system from every angle. We know how to deal with insurers, how to appeal unfair decisions, and how to put together a case that gets results.
What If Someone Else Caused the Crash?
Even if workers’ compensation doesn’t apply, you may still have options. If another driver caused your injury, you might be able to file a personal injury lawsuit against them. That type of claim could help you recover damages for medical bills, lost wages, pain and suffering, and more.
We handle both workers’ comp and personal injury cases, so we can help you explore every option—and pursue the path that’s best for you.
Talk to a Pennsylvania Workers’ Compensation Lawyer Today
If you were injured on your way to or from work, don’t assume you’re out of luck. Let us take a look at the details. The coming and going rule doesn’t apply in every case—and the sooner we can start investigating, the stronger your claim will be.
Call (888) 498-3023 today or contact us online for a free, confidential consultation. We’re here to help you figure out your next step.