The Going and Coming Rule in Massachusetts: Are Commuting Injuries Covered?

Getting into a car crash on the Mass Pike or slipping on an icy sidewalk on your way to work in Boston or Springfield is a terrible way to start the day. When you realize the accident has left you with a broken leg and mounting medical bills, your first thought is usually, 'Does workers' compensation cover this?'

In Massachusetts, the answer is heavily dependent on a strict legal doctrine known as the 'Going and Coming' rule. Insurance companies love this rule because it gives them an easy excuse to deny claims. However, there are massive loopholes and exceptions designed to protect traveling workers and those injured on company property. This guide explains how to beat the standard denial, the vital exceptions to the rule, and why finding a sharp attorney through our US Lawyer Directory is the key to winning your case.

Understanding the Massachusetts Going and Coming Rule

The core principle under Mass. Gen. Laws ch. 152, § 26 is that workers' compensation only covers injuries that 'arise out of and in the course of employment.' The courts have long held that your daily commute from your house to your fixed office desk is your own private time. Therefore, if you are rear-ended on the highway during a normal morning commute, workers' compensation generally does not apply. You must look to your own auto insurance for recovery.

However, the line between 'private commute' and 'working hours' is often blurred. If your job requires travel, or if you were performing a task for your boss, the exceptions come into play.

Injuries in Employer-Owned Parking Lots

One of the most common exceptions occurs mere steps from the office door. If you slip on ice or are hit by a car while walking from your car to the building entrance, you are likely covered-provided the employer owns or strictly controls the parking lot.

The precedent set in cases like Rogers's Case, 318 Mass. 308 (MA Supreme Judicial Court 1945) clarifies that injuries sustained in parking facilities maintained or provided by the employer are generally considered to arise in the course of employment. However, if you parked on a public street or a private garage not owned by your company, the claim will likely be denied.

The Traveling Employee Exception (Sales & Consultants)

If you are a home health aide traveling between patients' houses, a traveling sales rep, or an IT consultant visiting client sites, you do not have a fixed commute. For 'traveling employees,' the entire journey from the moment you leave your house until you return home is often considered in the course of employment.

If a home health aide is T-boned at an intersection while driving from one patient in Newton to another in Cambridge, that injury is fully compensable under Massachusetts workers' compensation.

Crashes in Company Vehicles

If your employer requires you to drive a company-branded van or truck home at night so you can head straight to a job site in the morning, the commute itself becomes part of your job. Insurance companies fight this fiercely, but courts generally side with the employee if the employer provided the vehicle specifically to benefit their business operations (e.g., a plumber taking the fully stocked van home).

What Happens if You Are Injured Getting Coffee on the Clock?

What if you are already at work, but you step out to grab a coffee across the street and get hit by a bicyclist? Under the 'personal comfort doctrine,' short, reasonable breaks taken during the workday (like grabbing a coffee or going to the restroom) are still considered within the course of employment. However, if you took an unauthorized hour-long detour to run personal errands at the bank, you stepped outside the scope of employment, and your claim will be denied.

Step-by-Step Appeals Process for Denied Claims

Insurance companies deny commuting claims by default. You must fight back.

Step 1: File the Employee Claim Form

Once the insurer issues a formal denial, your lawyer will file Form 110, Massachusetts, Department of Industrial Accidents, Employee Claim to force the issue into the court system.

Step 2: Attend the Conciliation

Your attorney will meet with the insurance adjuster at the Department of Industrial Accidents, Boston or the Department of Industrial Accidents, Fall River for an informal conciliation. They will present evidence (like your job description proving you are a traveling employee) to attempt a resolution.

Step 3: Conference and Hearing

If conciliation fails, the case proceeds to a Conference before an Administrative Judge. The judge will issue a temporary order. If either side appeals, it proceeds to a formal Evidentiary Hearing, which functions like a full trial.

How Much Does it Cost in Massachusetts?

Fighting the insurance company costs you nothing out of pocket.

How Long Does the Process Take?

Because these cases are usually denied initially, you will not receive immediate checks. Securing a Conference date at the DIA usually takes 3 to 5 months. If you are waiting on an appeal for a full Hearing, the process can easily stretch beyond a year, making it vital to apply for state disability or use auto insurance PIP benefits in the meantime.

Frequently Asked Questions (FAQ)