Normally, an employee who is injured while going to or from work is not entitled to workers’ compensation.[1] The rationale behind this rule is that employees do not actually begin work until they arrive on the employer’s premises. Any risk an employee is subjected to while driving to work is the same risk(s) faced by the general public and are not incident to their employment.
While the going & coming rule does present harsh consequences, there are several exceptions to this rule. For example, one exception to this rule is the exception for an employer’s conveyance. An employee who is going to and coming from work in a vehicle that is under the control of the employer is in the course of employment.[2] The rationale behind this exception is that, by providing the transportation, the employer has extended the risks of employment to include the journey to and from work.[3] This exception applies whether the employer provides the transportation pursuant to an express agreement, implied agreement, custom, or simply as a convenience to the employer or worker.[4] However, where a vehicle is supplied as an implied condition of employment, the condition is one that can be terminated at will. For example, in Torres v. Industrial Com’n of Arizona, the employer generally provided transportation to its workers, but withdrew this privilege because of the workers’ union activities.[5] Thus, the workers were not covered when they were later injured while driving to work in their own vehicles.[6]
There are several other exceptions that apply to the going and coming rule. In fact, an exception might even apply to your case! Because the Arizona workers’ compensation system is so complex and has many different rules, it is important that you have proper representation for such a complex system. At the Fendon Law Firm our attorneys have over a century of combined workers’ compensation experience. We are always there to help navigate our clients through the system. We also treat our clients like family because we are family! You should contact one of the attorneys at Fendon Law Firm to ensure you are properly represented. Please feel free to contact Fendon Law Firm for any questions about workers’ compensation, Social Security disability, or employment law issues. We now have offices in Phoenix, Tucson, Flagstaff, and Prescott Valley.
[1] Butler v. Industrial Comm’n, 50 Ariz. 516, 73 P.2d 703 (1937).
[2] Strauss v. Industrial Comm’n, 73 Ariz. 285, 240 P.2d 550 (1952).
[3] State Compensation Fund v. Kempainen, 12 Ariz. App. 483, 472 P.2d 94 (1970).
[4] J.D. Dutton, Inc. v. Industrial Comm’n, 120 Ariz. 199, 584 P.2d 1190 (Ct. App. 1978).
[5] 137 Ariz. At 322, 670 P.2d at 427.
[6] Id.
