Workers Compensation: Coming and Going Rule for Employees in Delaware

The knowledgeable Delaware workers’ compensation lawyers at Silverman, McDonald & Friedman are here to answer any questions you might have about your workplace injury. If you have been injured on the job or in the course of your duties, please contact us to make an appointment with a skilled attorney in our Newark, Seaford or Wilmington office.

Workers’ compensation laws cover workers who sustain injuries during the course of their regular work duties. The disability compensation includes partial wage replacement and any medical bills for the injury or illness that happened during the course of doing your job. The injury could be from an accident that happened at a specific time, or an occupational illness that was cumulative over the course of many years of exposure in the workplace. But what about if you get into an accident while you are on your way to work or on your way home from work? This is referred to as the “coming and going rule,” and what is covered by this rule varies from state to state.

In the state of Delaware, the general rule with regard to workers’ compensation is that it does not cover injuries that an employee might receive when they are going to work or coming home from work because you are not on the job or performing work tasks.

Some exceptions to the coming and going rule for workers’ compensation in Delaware

There are exceptions to the coming and going rule depending on the circumstances, one of which is if the accident happened on premises owned by your employer. So, for example, if you are injured in an accident that took place in a parking lot of your place of employment, then you can be considered on the premises and therefore possibly eligible for workers’ compensation. Other examples might include:

• If you must travel to a work meeting while on the clock and at the request of your employer, then you may be eligible for workers’ compensation.
• If your boss sends you out to pick up pizza for a company meeting and you become injured, given that it is in the course of doing your job, you will likely be eligible for workers’ compensation.

In cases where travel is part of your daily tasks – for example, if you must travel from client site to client site in order to perform your work tasks as in the case of salespeople, visiting nurses and technicians – then the coming and going rule would most likely not apply.

A Delaware workers’ compensation attorney can help when you have questions about your case

If you should suffer an injury in an accident that happens on your way to work or from work, it is possible that you may still be eligible for workers’ compensation. In order to discover how the coming and going rule applies to your specific case, you might want to schedule a consultation with a knowledgeable, Delaware workers’ compensation lawyer from the law firm of Silverman, McDonald and Friedman.

If you have suffered an injury at work, our experienced Delaware workers’ compensation attorneys can help get you the compensation you deserve. At Silverman, McDonald & Friedman, we have offices in Newark, Seaford, and Wilmington. If you are unable to visit an office in person, please contact us today..