The 'Going and Coming' Rule in New Jersey Workers' Comp: Are Commuting Accidents Covered?

Getting into a car accident on your way to work in New Jersey can be a devastating experience. You might assume that because you were traveling to your job, workers' compensation will cover your medical bills and lost wages. Unfortunately, the law is not that simple. New Jersey operates under strict guidelines regarding commuting accidents. Because insurance companies will almost always initially deny these claims, finding a specialized workers' compensation attorney in our US Lawyers Directory is critical to proving your injury falls under one of the state's legal exceptions.

The General Rule in New Jersey (The Premises Rule)

Under the New Jersey Workers' Compensation Act, specifically N.J.S.A. § 34:15-36, employment generally begins when an employee arrives at the employer's place of business and ends when they leave. This is widely known as the 'Premises Rule' or the 'Going and Coming Rule.' If you are driving on the Garden State Parkway or taking NJ Transit from your home to your regular office, you are not considered to be 'on the clock.' Therefore, standard commuting accidents are automatically excluded from workers' compensation coverage. However, the courts have carved out several vital exceptions to protect workers.

Employer-Provided Transportation

If your employer provides the vehicle you use to commute, you may be covered. For example, if you are a plumber given a company van to drive home, or an executive provided with a leased company car, injuries sustained during that commute are often compensable. The law views employer-provided transportation as an extension of the workplace because the employer benefits from your mobility and control over the vehicle.

Special Missions and Errands for the Boss

The 'Special Mission' exception is a powerful tool for injured workers. If your boss asks you to stop at the post office to drop off mail on your way home, or tells you to pick up coffee for the office on your morning commute, you are performing a task for the employer's benefit. In these scenarios, highlighted by cases like Jumpp v. City of Ventnor, 177 N.J. 470 (NJ Supreme Court 2003), your normal commute transforms into a work-related activity. If you get into a crash while running that errand, you are generally covered by workers' comp.

Paid Travel Time

If you are a traveling salesperson, a home health aide, or an HVAC technician who travels from site to site, your travel is an integral part of your job. If you are paid for your travel time, or if you are reimbursed for your mileage and travel expenses, injuries sustained during that travel fall under workers' compensation. The key is that your employer is compensating you for the act of traveling itself.

Accidents in Employer-Owned Parking Lots

The exact moment you step onto the premises is highly debated. In New Jersey, if your employer owns, maintains, or has exclusive control over the parking lot where you park, your workday begins the moment you enter that lot. As confirmed in the precedent Kristiansen v. Morgan, 153 N.J. 298 (NJ Supreme Court 1998), slipping on ice in the company parking lot or getting hit by a car while walking from your spot to the building entrance is covered by workers' compensation. However, if you park in a public municipal garage down the street, injuries sustained there are generally not covered.

Step-by-Step Process to File a Commuting Claim

Proving a commuting exception requires rapid action and evidence gathering.

• Step 1: Report the Injury Immediately. Notify your employer the day the accident happens, explicitly stating what work-related task you were doing (e.g., 'I was picking up the office supplies you asked for').
• Step 2: Seek Authorized Treatment. If it is an emergency, go to the ER. Otherwise, your employer has the right to direct you to their approved workers' comp doctors.
• Step 3: Collect Evidence. Save text messages or emails from your boss asking you to run the errand, or gather pay stubs showing you are paid for travel time.
• Step 4: File a Claim Petition. Work with your lawyer to file Form WC-365, New Jersey, Division of Workers' Compensation, Employee's Claim Petition at the New Jersey Division of Workers' Compensation, Jersey City or your local district office.

How Much Does it Cost and How Long Does it Take?

Pursuing a workers' comp claim in New Jersey costs nothing upfront. Lawyers work on a contingency fee, strictly capped at 25% by state law under N.J.S.A. § 34:15-64, and the judge usually forces the insurance company to pay the majority of that fee if you win. Because insurers aggressively fight 'Going and Coming' exceptions, you can expect the litigation process to take between 6 to 12 months before a judge makes a final ruling on compensability.

Frequently Asked Questions (FAQ)