In a previous post I discussed another exception to the going and coming rule: special-missions. In this post, I will discuss the second exception to the coming and going rule: travel time. This exception allows portal-to-portal coverage for employees who are 1) paid for travel time to and from a distant job site, or 2) using an employer authorized vehicle for travel to and from a distant job site and on business authorized by the employer, or 3) travel in a ridesharing or van pool arrangement specifically covered by the statute.
The following case is a good example of when the “travel time” exception doesn’t apply. An employee, on travel status outside the state on NJ, was found to be not in the course of employment when using a company authorized vehicle in the evening and not on the business of the employer.
However, in this next case the “travel time” exception was found to apply. The employee was injured in an automobile accident while on the way to the airport to fly to a professional meeting. He was considered to be in the course of his employment and his injuries were found compensable.
This use of this “travel time” exception to the coming and going rule is case specific. Workers’ Compensation attorneys are familiar with when these exceptions apply and when they don’t. So if you think your injuries are work related and would fall under this exception, speak to an attorney that specializes in Workers’ Compensation law.