Answer FileWorkers' Compensation

Does workers' comp cover my commute in California?

The answer, cited

Ordinarily no. Under California's going and coming rule, the regular commute falls outside the course of employment, so injuries on the way to or from work are generally not compensable under Labor Code section 3600. The exceptions are substantial: special errands, travel between job sites, employer-provided transportation, and jobs with no fixed workplace.

Labor Code section 3600 requires an injury to arise out of and occur in the course of employment, and California courts long ago carved the ordinary commute out of that phrase — the going and coming rule. The exceptions do heavy lifting. A special mission or errand for the employer makes the trip compensable, as does travel that is part of the job: driving between job sites during the day, commercial travelers away on business (covered continuously), and workers required to bring their vehicle for use at work. Employer-provided or employer-paid transportation brings the ride inside the system, and injuries on the employer's premises — including many parking lots — are generally covered under the premises line doctrine even before the workday formally begins. Payment for travel time can also convert a commute. Because the same crash may involve a negligent third-party driver, a compensable commute injury often supports both a workers' compensation claim and a separate civil action, which coordinate through credit and lien rules.

Authority: Cal. Lab. Code § 3600

Legal information, not legal advice.

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