What you need to know if you are injured while traveling to or from work.

The Going and Coming Rule Explained:

In Virginia, as a general rule, an employee going to or from the place where his work is to be performed is not engaged in performing any service arising out of and incidental to his employment.   As a result, in most cases, any injury that occurs while in transit is not compensable under the Workers’ Compensation Act. However, as with most general rules, there are exceptions.

Exceptions to the Going and Coming Rule:

Virginia recognizes three exceptions to the going and coming rule:

1. Where the means of transportation is provided by the employer or the time consumed is paid for or included in the employee’s wages.
2. Where the way used is the sole and exclusive way of ingress and egress with no other way, or where the way of ingress and egress is constructed by the employer; and
3. Where the employee on his way to or from work is still charged with some duty or task in connection with his employment.

We Have Successfully Litigated These Cases

At the Reed Law Firm, we have extensive experience with workplace accidents that occur while the employee is going to or coming from work.  We have successfully litigated these cases through the appeals process. In some cases, winning or losing can turn on a single fact, event, or statement.  If you have were injured in an accident while going to or returning from work, Contact Us to schedule a free consultation.