going and coming rule
Miss this rule, and an injury that feels obviously job-related can get denied because it happened a few minutes too early, too late, or a few steps off the employer's property. The going and coming rule is the general rule that injuries suffered while traveling to work or heading home usually are not covered by workers' compensation. The idea is that an ordinary commute is part of daily life, not part of the employer's business.
A lot of people get bad advice on this. Driving to a job site, crossing a parking lot, or getting hurt in storm traffic does not automatically make a claim valid. In Virginia, that matters in real-world situations like flooding in Hampton Roads or washed-out roads in southwest Virginia: dangerous travel alone does not create coverage. What matters is whether an exception applies, such as travel required by the job, a special errand, employer-provided transportation, or an injury in an area treated as part of the workplace.
For an injury claim, this rule often decides whether the case falls under the Virginia Workers' Compensation Act or becomes a fight over negligence and auto insurance instead. That can be a major difference, especially since Virginia's mandatory minimum auto liability limits are 30/60/20. If a commute injury is excluded from comp, the next question is often whether another driver, property owner, or employer can still be legally responsible.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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