The Coming and Going Rule: Commuting Accidents and Wisconsin Workers' Comp

Understanding the Coming and Going Rule

A car accident on your way to work can leave you with severe injuries and massive hospital bills. Unfortunately, under the general 'coming and going' rule in workers' compensation law, your daily commute is considered a personal activity, not a work duty. If you are injured on the public highway driving to your office in Madison, Appleton, or Eau Claire, you generally cannot file a workers' compensation claim. However, Wisconsin law includes several powerful exceptions to this rule. Governed by Wis. Stat. § 102.03(1)(c), the law protects workers in specific commuting scenarios. If the insurance company unjustly denied your claim by blaming your commute, finding a dedicated workers' compensation attorney via our US Attorney Directory is critical to appealing the decision and securing your rightful benefits.

Step-by-Step Process to Prove a Commuting Exception

Proving that your commute falls under a legal exception requires meticulous evidence gathering to demonstrate that your employer had control over your travel or the location where the injury occurred.

Step 1: Document the Exact Location

Because the law heavily depends on whether you were on employer-controlled property, the exact location of the accident is vital. If you fell, take photos of the icy parking lot, the specific sidewalk, or the cracked pavement. Note whether there are company signs designating the area for employee parking.

Step 2: File a Detailed Incident Report

Report the injury immediately to your supervisor. Demand that they complete Form WKC-12-E, Wisconsin, Department of Workforce Development, Employer's First Report of Injury or Disease. Ensure your statement clearly explains that the accident occurred while performing a task for the company (e.g., dropping off the mail) or on company-owned premises.

Step 3: Secure Your Employment Contract or Logs

If you were driving a company vehicle or being paid for your travel time, gather your pay stubs, vehicle logs, or employment agreement. This documentation is crucial to prove that your commute was fundamentally different from a standard employee's drive to work.

Key Exceptions in Wisconsin Law

Injuries in Employer-Owned Parking Lots

Wisconsin law explicitly protects workers under the 'Premises Rule.' If you are injured while going to or from your employment in the ordinary and usual way, and you are on the premises of your employer, you are covered. This means if you slip on black ice in the company-owned parking lot before clocking in, your broken ankle is fully covered by workers' comp. This rule frequently saves claims from denial.

Using a Company Vehicle for the Commute

If your employer provides you with a company car or truck for your commute, the coming and going rule often does not apply. Because the employer controls the vehicle and benefits from you having the equipment at your home (ready for immediate dispatch), an accident on the highway while driving the company van is generally considered a compensable workplace injury.

Slip and Falls on the Sidewalk Outside the Office

The boundary lines of employer property can be legally blurry. If you slip on a public city sidewalk right outside your office door, the insurance company will likely deny the claim, stating you were not on 'company premises.' However, if your employer requires you to walk through a specific hazardous area, or if they exercise control over that sidewalk (such as having their own maintenance crew shovel the snow), your lawyer can argue that the 'special hazard' exception applies, referencing the precedent in American Motors Corp. v. Industrial Comm., 18 Wis. 2d 246 (WI Supreme Court 1962) regarding employer premises and control under Wis. Stat. § 102.03(1)(c).

The Traveling Employee and Special Errands

Under Wis. Stat. § 102.03(1)(f), traveling employees (like traveling sales representatives or home healthcare nurses) are covered continuously during their trips, including their commute. Furthermore, if your boss asks you to stop at the post office or pick up coffee on your way to work, you are performing a 'special errand.' An accident during that deviation from your normal commute is fully covered by workers' compensation.

What Does it Cost to Appeal a Denial?

Fighting the insurance company over a coming and going rule dispute does not require out-of-pocket expenses:

How Long Does the Appeals Process Take?

If your claim is initially denied based on the coming and going rule, your attorney will file a Hearing Application with the Wisconsin Department of Workforce Development, Worker's Compensation Division, Madison. Getting a court date before an Administrative Law Judge typically takes between 6 and 9 months. However, when presented with overwhelming evidence of an exception (like security footage from the employer's parking lot), the insurance company will often settle the claim before trial.

Frequently Asked Questions (FAQ)