Gaithersburg: 301-670-7030
Baltimore: 410-769-5400
Frederick: 301-668-2100
Contact Us For Legal Help

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.

Recent Posts


Tags

Coming and Going rule, D.C. attorney Attorney Matt Darby Injured Fire Fighters Workers Compensation Benefits for Teachers Workers Compensation win for 911 dispatcher Workers Compensation Fraud Police Officers Attorney Charles Schultz Maryland Workers Comp Injured Courier Worker Laws and Regulations Firefighters and Hearing Loss Workers Compensation and Bankruptcy Maryland Workers Compensation Procedure Attorney Alan Gross workers Compensation Act Injured School Bus Drivers Prescription Medication Side Effects Average Weekly Wage Workers’ Comp Attorney Attorney Nicole Lambdin Physical Training Injuries for Firefighters Opioids Maryland Fire Fighters Maryland Workers Compensation Hearing Vocational Rehabilitation Benefits Disability Insurance Attorney Ken Berman Firefighters Attorney Robert Hagans Injury Report Attorney Gretchen Rogers Incident Report Maryland Lawyer Liabililty Permanent Disability Unemployment Benefits Workers Compensation for Firefighters Attorney Cliff Sobin Attorney Lauren Pisano Medicare and Workers Compensation Temporary Total Disability Veterans Coming and Going rule Corrections Officers auto accident attorney Denial Maryland Workers' Compensation Claim – Is My Injury Covered? Fire Fighters Attorney Ari Laric Vocational Rehabilitation Dependent Mileage Reimbursement Claims Process attorney Natalie Whittingham injured railroad workers Independent Medical Evaluation Occupational Diseases Auto Accidents Auto Injury Workers Compensation for Police Officers Transportation Reimbursement Workers Compensation Claim Workers Compensation Lawyer MSPRC Attorney Julie Mirman Maryland Workers Compensation Commissioners MSEA Criteria National Holidays Attorney Matthew Engler Teachers Benefits DC Workers' Compensation Wrongful Death Claim Occupational Hazards Accident Report Attorney Allyson Bloom Railroad Injuries Damages Medical Personal Injury Medical Travel Expense Death Benefits Work Related Injury FMLA

Archive

RSS

What Our Clients Say

Known for our unwavering commitment to clients, for our integrity, and for delivering the best results, our clients continue to refer their friends, families and neighbors to us for their legal needs.


"One year ago today I made the call to your office. The best decision I could make. I wanted to share with you how impressed I am with your staff and your professionalism."

Heather P.


"Craig did a great job representing me! He's the lawyer I have trusted with my legal needs because he's professional, knowledgeable, and keeps me informed about my case."

Jaclyn K.


" wanted to thank you, in writing, for your kindness and prompt response. Customer service is a dying art, and you gave me hope for my family."

Karla


"I would like to express my gratitude for your efforts and dedication for my disability case. It's has been quite a long and upsetting process but you have handled my case in an extremely competent and responsible manner."

Leo H.


"I have recommended Mr. Feldman to several of my friends and colleagues and have heard nothing but excellent reviews. He is the best lawyer I have ever used."

Martin


"I received the check today. I could not believe it until I saw the check. Thank you so much. You have improved my family's quality of life tenfold."

Mike F.


"These guys go above and beyond! They always have your best interest in mind."

Mike W.


"I would like to express my thanks to Amanda Knott and Gretchen Rogers for their patience with me through my ordeal with my workers comp claim. I was impressed from the very beginning when I spoke with G. Rogers on the phone and although she did not have to, she met with me personally and walked me through the steps of what to expect in this process."

Mr Sagal


"You have been kind throughout this process and I appreciate your professionalism as well as your gentle concern. Thanks for helping us and all the others who need your legal expertise. We are grateful."

Nancy F.


"Thanks to Mr. Shultz's aggressive and professional work ethic style I was able to receive the medical services and compensation pertaining to my case."

Navdeep C.


"I can honestly say this firm is simply TOP NOTCH! They not only have handled countless cases for my members that require their services, they also have gone well beyond their "scope" to help some of my folks in other areas of need. "

Rick H.


"I wanted to compliment your law firm on having Amanda Knott as a paralegal. She worked tirelessly for almost 2 years making sure I understood what was happening and at the same time keeping all my records straight and in order, which allowed Gretchen Rogers to represent me in the best way possibl"

Terrye G


"The attention and professional care the staff has taken toward my needs has always been excellent. I have no complaints nor worries that my issues discussed are not addressed."

Tim T.


"I just got off the phone with Craig and let him know how thankful we are to you, him and Ken for all your efforts – you are all really terrific to work with!"

Val K.


Locations Throughout Maryland, Virginia & Washington DC

Gaithersburg Office

481 N. Frederick Avenue, Suite 300
Gaithersburg, MD 20877
301-670-7030 / 800-248-3352
Fax: 301-670-9492

Lutherville Office

1301 York Road, Suite 600
Lutherville, MD 21093
410-769-5400 / 800-248-3352
Fax: 410-769-9200

Frederick Office

30 W. Patrick Street, Suite 105
Frederick, MD 21701
301-668-2100 / 800-827-2667
Fax: 301-668-2000


TOP