Can You Get Workers’ Comp if You’re Injured Going To or From Work?

It’s a common and confusing question: what happens if you get hurt while commuting to or from your job? Maybe you were in a car accident on the way to work or slipped and fell in your employer’s parking lot. You might assume workers’ compensation will cover your medical bills and lost wages. But that’s not always the case under Florida law.

Understanding Florida’s “Going and Coming” Rule

Florida workers’ compensation law generally does not cover injuries that happen while you’re traveling to or from your regular place of employment. This is known as the “going and coming” rule.

The logic is that, during your commute, you’re not yet in the course and scope of employment. Your employer isn’t controlling where you are or how you get there. So, the law treats your commute as personal time.

In most cases, that means if you’re injured in a car accident while driving to work or heading home, you won’t qualify for workers’ compensation benefits.

The Exceptions: When a Commuting Injury Can Be Covered

There are important exceptions where a Florida worker can still receive benefits for an injury sustained while traveling. Here are the main scenarios where you may qualify:

1. The “Special Mission” Exception

If your employer asks you to make a special trip. For example, to drop off documents, pick up supplies, or meet a client, that trip may be considered work-related.

Example: Your supervisor asks you to deliver materials on your way home, and you’re injured in an accident. That injury could be covered under workers’ compensation.

2. You Were Traveling for Work

If travel is part of your job, such as a delivery driver, traveling nurse, home health aide, or field technician. Your travel time is part of your employment.

Example: You’re driving between job sites or client appointments when an accident occurs, that’s typically a covered injury.

3. Injuries on Employer Property

If you’re hurt in your employer’s parking lot or another area the employer owns or controls (even before clocking in or after clocking out), you might still be covered.

Example: You slip on a wet surface in the company parking lot before your shift. This could qualify as a work-related injury.

4. Company Transportation or Paid Travel Time

If your employer provides transportation, pays you for travel time, or requires you to travel between worksites during the day, those facts can take your injury outside the “going and coming” rule.

Why You Should Talk to a Florida Workers’ Compensation Attorney

Insurance companies often deny commute-related injury claims automatically, even when an exception applies. A Florida workers’ compensation lawyer can review your case, gather supporting evidence, and argue that your injury arose “in the course and scope of employment.”

Don’t assume your claim is hopeless just because it happened while traveling. Every case is different, and the facts matter.

Get Help From a Florida Workers’ Comp Lawyer Today

Florida’s “going and coming” rule might seem simple, but the exceptions are where most workers win their cases. If you were injured while driving to or from work, or while running an errand for your employer, you may have a valid workers’ compensation claim.

Contact our law firm today for a free consultation. Attorney Juan Lucas Alvarez has over 28 years of legal experience handling Florida workers’ compensation claims. He’ll help you understand your rights and fight for the benefits you deserve.