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Understanding the Going and Coming Rule: Legal Definitions and Impacts
Definition & Meaning
The going and coming rule is a legal principle that states employees are generally not considered to be acting within the scope of their employment when they are commuting to or from work. This means that if an employee is involved in a tort, or wrongful act, during their commute, they may not be held liable under their employer's insurance. Additionally, this rule often limits workers' compensation benefits for injuries sustained while commuting.
Table of content
Legal Use & context
This principle is primarily used in the context of employment law and workers' compensation claims. It is relevant in civil cases where an employee's actions during their commute may lead to legal liability or claims for compensation. Understanding this rule can help individuals navigate their rights and responsibilities, especially when using legal templates from US Legal Forms for related documents.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An employee is driving home from work and accidentally hits another vehicle. Under the going and coming rule, the employer may not be held liable for the employee's actions during the commute.
Example 2: An employee slips and falls while walking to their car in the parking lot after work. This injury may not be covered by workers' compensation due to the going and coming rule. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Variation
California
Employers may be liable for injuries occurring on the premises, including parking lots.
New York
Similar to California, but with specific exceptions for certain job-related travel.
Texas
Strictly adheres to the going and coming rule, limiting employer liability.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Scope of Employment
Actions taken by an employee that are within the duties of their job.
The going and coming rule specifically excludes commuting from being within this scope.
Workers' Compensation
Insurance providing wage replacement and medical benefits to employees injured in the course of employment.
The going and coming rule limits these benefits during the commute.
Common misunderstandings
What to do if this term applies to you
If you believe the going and coming rule applies to your situation, consider the following steps:
Document any incidents or injuries that occur during your commute.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates that may assist with your legal needs.
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