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Workers' Compensation Blog

The “Going and Coming Rule” in the District of Columbia

Thursday, September 13, 2018

What tends to surprise a lot of our clients is the fact that, in the District of Columbia, injuries sustained by employees while traveling to work or traveling home from work, are not covered by the District of Columbia workers’ compensation statute. The DC workers’ comp statute is codified in Title 32 of the DC Code. In order for an injury to fall within the statute, the injury must “arise out of” the injured worker’s employment.

An injury is said to ‘arise out of’ ones employment if the injury would not have occurred ‘but for’ the fact that an obligation of the employment duties puts the injured worker in a position where he gets injured. An injury is therefore, said to ‘arise out of’ ones employment when it occurs in the course of the employment on account of conditions of the employment which are the immediate cause of the injury.

Therefore, while we must travel via some mode of transportation in order to be able to arrive at our place of employment, or to return home, the traveling itself is not a condition of the actual employment, and is not an obligation of the physical work we do; the traveling and the work are separate and apart from one another.

However, there are instances where an employee’s travel to and from work can be considered to be a part of the employee’s actual work and an obligation of the employee’s employment.When this occurs, injuries sustained by the employee while traveling to and from work would be an exception to the ‘going and coming rule.’ Some factors that the court will consider are the following:

  1. Was the employee paid for his time to travel to and from work?
  2. Was the employee driving a company vehicle to and from work that he parks in his “home garage?” 
  3. Is the employee paid gas money to get to and from work? 

While there is no bright-line rule, the court will consider one or more of the above factors to see if there exists an exception to the “going and coming rule,” allowing the injury sustained while traveling to or from work to fall within the DC workers’ compensation statute.If any additional information is needed, I can be reached by email: lpisano@bsgfdlaw.com, or on my direct work number of: 301-740-3304.

Don't Forget The Mileage

Friday, June 15, 2018

The workers’ compensation process is not always a quick one, and in most cases, it is a slow and steady uphill battle. Oftentimes, it can take several months after you sustain a work injury before any workers’ compensation benefits kick in.  For this reason, it is important to stay organized from the beginning and to know exactly what benefits are available to you that can help offset some of the financial strain you may experience as a result of your work injury. One important benefit that can easily slip through the cracks is mileage and transportation reimbursement.

If your workers’ compensation claim is found to be compensable by the Workers’ Compensation Commission, in addition to benefits for medical treatment and for time you may miss from work as a result of your injury, you are also entitled to reimbursement for the reasonable cost of your transportation to and from treatment appointments.In some special cases, your employer may even provide treatment-related transportation for you through a transportation service.

What type(s) of transportation benefits are covered?

Under Maryland Workers’ Compensation law, an employer is responsible for the cost of transportation to and from medical appointments if the appointments are a result of the claimant’s work injury. This includes transportation to doctor’s visits or other appointments, including appointments or evaluations scheduled by the employer. Also, with the proper documentation, you are entitled to reimbursement for mileage, cab/Uber/Lyft fare, public transportation, parking, tolls, etc. (just to name a few). The most common type of transportation benefit we see however, comes in the form of mileage reimbursement.

What type(s) of benefits are NOT covered?

The law does not allow transportation reimbursement for appointments besides those related to your work-injury, trips to the pharmacy, or reimbursement for any gas used to travel to your appointments (even if related to your injury).

How is mileage reimbursement calculated?

Each year, the Commission sets the mileage reimbursement rate which is used to calculate reimbursement payments per mile traveled.The most recent mileage reimbursement rates are as follows:

  • 2018 - .545
  • 2017 - .535
  • 2016 - .54

For a list of the yearly mileage reimbursement rate dating back to 1980, click here.

To calculate your total mileage reimbursement, multiply the mileage reimbursement rate for that year by the total number of miles traveled.For example, if your doctor’s office is five (5) miles from your home, and you had a doctor’s appointment on January 1, 2018, multiply the mileage reimbursement rate by the total number of miles traveled to and from the appointment:

  • [.545 x 10 = $5.45]

In summary, mileage reimbursement is an important benefit of filing a workers’ compensation claim and can provide some relief from the financial burden of a work-related injury. It is extremely important that you document your travel accurately and submit mileage forms and supporting documentation to your attorney regularly. An easy way to keep track of your mileage is by using the Medical Travel Expense Form which can be found in the Document Center on our website.

If you have any questions related to mileage reimbursement or filing a workers’ compensation claim, do not hesitate to contact Kenrick Roberts today at 301-670-6552 or kroberts@bsgfdlaw.com.

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