“Coming and Going” Rule in Pa. Worker’s Compensation Cases

Date: January 25, 2011
Posted In: DLP Law

Under the laws of this Commonwealth, in order to qualify for workers’ compensation benefits, an injured worker bears the burden of demonstrating that any injuries he has sustained occurred in the course and scope of his employment. Employees who sustain injuries away from an employer’s premises while travelling to and from work are generally not eligible for workers’ compensation benefits.
Pennsylvania courts, however, have created exceptions to this “coming and going” rule. The courts have held that an injured employee may be eligible for benefits for injuries sustained travelling to or from work if certain conditions are met: (1) the employment agreement between a claimant and employer included transportation to and from work; (2) the employee has no fixed place of work; (3) the employee is injured while on a special assignment for the employer; and (4) special circumstances indicate that the employee was furthering the business of the employer.
Bensing v. Workers’ Comp. Appeal Bd. (James D. Morrissey, Inc.), 830 A.2d 1075 (Pa.Cmwlth.2003).
If you are involved in a work injury, give us a call at DLP for a free consultation. (570) 347-1011. Remember- INJURY CALL DLP!!!

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.