What Is the Going and Coming Rule in North Carolina Workers' Compensation?
The coming and going rule is one of the most misunderstood parts of North Carolina workers’ compensation law. Many workers are unsure of their rights after being hurt during their commute. While the rule generally excludes injuries that occur while traveling to or from work, several important exceptions exist. These exceptions make legal guidance essential for anyone injured while commuting for work-related reasons.
The attorneys at Hardison & Cochran | Injury & Workers Comp Lawyers regularly meet workers who assume a commute injury automatically disqualifies them from benefits. In reality, many employees qualify under well-recognized exceptions.
Don’t handle a workplace injury alone. If you were hurt while traveling for work-related purposes, schedule a free consultation with a North Carolina workers’ comp lawyer to determine whether an exception applies to your case.
Understanding the Going and Coming Rule in North Carolina Workers’ Compensation
The going and coming rule excludes coverage for injuries occurring during your normal commute. North Carolina law considers your daily travel a personal activity outside the scope of employment, even though you must commute to reach work.
Under N.C. Gen. Stat. § 97-2(6), a compensable injury must arise “out of and in the course of employment.” A standard commute does not meet that requirement because your employer does not control where you live, the route you take, or how you drive.
However, many exceptions apply when your travel provides a special benefit to your employer beyond simply arriving at work.
Exceptions to the Workers’ Comp Going & Coming Rule in North Carolina
North Carolina recognizes several major exceptions that may allow commute-related injuries to qualify for workers’ compensation benefits. These apply when your employer benefits from your travel or exercises some control over it. Common exceptions include:
- Special Errand or Mission – You perform a work-related task during your commute, such as depositing company funds or picking up supplies.
- Traveling Employee – Your job requires frequent travel between job sites or customer locations. Examples include construction workers, home health aides, and sales representatives.
- Company Vehicle – You drive a company-owned vehicle, particularly when transporting tools, equipment, or other work-related materials.
- Paid Travel Time – You receive wages or mileage reimbursement for travel, suggesting your employer considers the commute part of your work responsibilities.
- Premises Exception – You are injured on employer-owned or employer-controlled property, including parking lots, before or after your shift.
- Dual Purpose Doctrine – Your trip serves both personal and business purposes, and the business purpose alone would have required the travel.
These exceptions often overlap, which can strengthen your case. Our North Carolina workers’ compensation lawyers carefully evaluate your travel to identify every exception that may apply.
Real-World Examples of When the Rule Does and Doesn’t Apply
Consider a secretary who stops at the bank during her lunch break to deposit company checks. If she is injured during the trip, the entire journey may qualify as work-related because the employer’s errand turned a personal break into a business mission.
Conversely, a warehouse worker who takes a two-hour detour to visit friends after work is unlikely to qualify for coverage if injured during that detour. Courts look closely at whether the employer benefited from or controlled the travel.
How to Determine If Your Commute Injury Is Covered
Deciding whether a commute injury falls under workers’ compensation requires reviewing the circumstances of your travel. Important factors include:
- Whether your employer requested or directed your travel
- Whether you were paid or reimbursed for travel time
- Whether you transported tools, equipment, or company property
- Whether your job requires regular travel between locations
- Whether the injury occurred on employer-controlled property
- Whether you performed any work tasks during the trip
- Whether your employer benefited from your travel route or purpose
Documentation can be crucial in establishing coverage. Save emails, messages, mileage logs, expense reports, and time sheets showing paid travel.
Small details about your employer’s expectations or the work-related aspects of your trip can determine whether an exception applies.
How Hardison & Cochran Can Help with Your Workers’ Compensation Claim
For more than 40 years, Hardison & Cochran has represented North Carolina workers seeking benefits under the state’s workers’ compensation system. Their extensive understanding of how courts apply exceptions to the going and coming rule helps them build strong cases—even when insurers initially deny claims.
The firm investigates your job duties and the circumstances of your injury to identify every potential avenue for compensation. Their case results include millions recovered for injured clients, such as a $10.4 million recovery for a brain injury case.
To learn whether your commute injury qualifies for workers’ compensation, call Hardison & Cochran or contact us online to schedule your free consultation. We’ll review your situation and explain how the going and coming rule applies to your claim.
