What is the “Coming and Going” rule in Alabama workers’ compensation

Alabama follows the “coming and going” rule, which states that going to and coming from work is outside the scope of a person’s employment. If an accident occurs during this time, an employee does not usually qualify for workers’ compensation benefits.  

At Gartlan Injury Law, we understand how Alabama’s “coming and going” rule can impact vulnerable workers. We want to help you understand your legal rights and find the best path forward for seeking the money you need for your recovery.

When Does the “Coming and Going” Rule Apply?

Alabama workers’ compensation is an insurance program that distributes benefits to employees hurt on the job. Workers’ compensation is a no-fault program, meaning you can apply for compensation no matter who was at fault for causing the illness or injury. Most Alabama employers are required to carry workers’ compensation insurance for their employees.

Workers’ compensation benefits are typically only available to employees injured at work or while performing work-related duties. Alabama’s “coming and going” rule does not consider traveling to and from work a “work-related duty.” When an accident occurs and someone is injured on their way to or from work, workers’ compensation benefits are unavailable to cover their medical expenses and lost wages.

For example, an employee cannot apply for workers’ compensation benefits if they are hurt in a car accident while commuting from their home to their job. If they try to apply for workers’ comp, the insurance company typically denies the claim and does not pay benefits to the injured party.

Are There Exceptions to the “Coming and Going” Rule?

There are exceptions to the “coming and going” rule. For example, an employer may pay for an employee’s daily travel expenses. If that employee is injured in an accident while commuting, they may file a workers’ compensation claim seeking benefits. Or if an employee becomes injured while walking on company property to or from their job, they may file a claim.

However, arguing against the “coming and going” rule can be challenging as each case is fact-specific. The unique factors in a person’s claim can significantly impact whether they qualify for workers’ compensation benefits or if their claim will be denied. Sometimes, exceptions to the “coming and going” rule are narrowly applied.

Whether you are hurt while at work, commuting, or performing job-related activities, talk to an experienced Alabama workers’ comp attorney about your claim. An attorney can review the specific circumstances of the incident and help you find the best option for pursuing the compensation you need.

What Options for Compensation Do I Have After an Injury While Commuting?

While the “coming and going” rule may prevent you from seeking compensation through a workers’ compensation claim, you still have viable options for recovering the money you need:

• Insurance claim – Were you hurt in an accident caused by a careless Alabama driver? You can file an insurance claim with the at-fault driver’s insurance company seeking compensation for your injuries and property damage.
• Personal injury lawsuit – In some situations, you may also pursue compensation through a personal injury lawsuit against a third party or their insurance company. A skilled personal injury attorney can help you through the process of filing a lawsuit and building a strong case.
• Health insurance – Another path to covering your accident-related medical expenses is your healthcare insurance. If you cannot get money from another source to cover those expenses, your health insurance could be the way to go.

How Long Do I Have to Pursue Compensation in Alabama?

The Alabama Department of Labor lists the statute of limitations for workers’ compensation claims as two years from the injury date. However, you should file a claim as soon as possible before evidence can be lost or destroyed. Medical documentation is vital in workers’ compensation claims. Failing to get immediate medical treatment and file a claim on time can jeopardize your ability to recover benefits, leading to the denial of your claim.

The statute of limitations on filing a personal injury lawsuit against a third party after an accident is also two years in Alabama. Although two years seems like plenty of time to organize your thoughts and decide whether a lawsuit is the best course of action, time flies.

Talk to an attorney as soon as possible to protect your rights and ability to file a workers’ compensation claim or personal injury lawsuit. Failing to meet these strict deadlines can mean you lose the opportunity to recover the money you deserve for your financial losses.

How Can an Alabama Workers’ Compensation Attorney Help Me?

Beyond managing strict legal deadlines, an attorney is crucial to demanding maximum benefits for your injuries. A knowledgeable Alabama attorney can review the specifics of your claim and outline your legal options for pursuing the money you deserve. They can obtain all the evidence needed to prove the severity of your claim, manage all the legal deadlines, and argue for the amount of benefits you deserve for your work-related injury. They’ll also take on all conversations and negotiations with the insurance company on your behalf.

Working with an experienced attorney can make the process much simpler than handling it alone. Avoid stress and give yourself the time to heal. Let a workers’ compensation lawyer help you during this difficult time.

Contact an Alabama Workers’ Compensation Lawyer

No matter how your injury occurred, a skilled Alabama workers’ compensation lawyer can help you pursue the money you need to recover physically and financially. At Gartlan Injury Law, we’ll take the time to get to know you and thoroughly review your situation. We aim to ensure you and your family are taken care of.

Contact our Alabama office today and ask to speak with a workers’ compensation attorney. We offer a free consultation to answer your questions and learn more about your case.

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