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Workers' Compensation Denials: The Going and Coming Rule

October 14, 2020
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Has your workers’ compensation claim been denied because you were on your way to work or you already left work? Often times, insurance companies look for any reason to deny a claim and don’t always properly investigate the circumstances of an injury. We’ve seen workers' compensation claims denied because someone was injured seconds after they clocked out of work.

Similarly, everyone occasionally has to run errands or do favors that are not normally one’s job duties. Perhaps you were in an auto accident on your way into work while your supervisor said they needed printer ink or a case of water. We’ve seen claims denied for the going or coming rule which states that:  

Has your workers’ compensation claim been denied because you were on your way to work or you already left work? Often times, insurance companies look for any reason to deny a claim and don’t always properly investigate the circumstances of an injury. We’ve seen workers' compensation claims denied because someone was injured seconds after they clocked out of work.

An injury suffered while going to or coming from work is not an injury arising out of and in the course of employment whether or not the employer-provided transportation if such means of transportation was available for the exclusive personal use by the employee unless the employee was engaged in a special errand or mission for the employer.

Florida Statute 440.092(2) 

Although the rule is seemingly clear, it is actually not a simple one. There are always different factors to consider in each case. Where exactly did the incident occur? Where were you going? Where is your car located? Sometimes the type of job and employer you have can affect whether the rule applies. Does your employer have an office or is it a virtual employer? Do you usually work from home? Or do you usually work in a mobile fashion? Did the employer provide you the transportation to and from work?  

Ever since the rule was created, there have been cases that tested the limits to which it applies. Rue & Ziffra closely follows these developments in the Florida workers' compensation law to ensure that workers are given all of the benefits they deserve. Aside from workers’ compensation benefits, accidents involving the going and coming rule can sometimes involve other types of claims. Perhaps you fell in a parking lot that was damaged. This type of situation could yield a third-party claim against the property owner. Similarly, if you are injured in an auto accident, aside from workers’ compensation, you may have a claim against another driver.

The best thing anyone can do is contact your local workers' compensation lawyer at Rue & Ziffra for advice. Don't get discouraged with an insurance carrier if they deny your claim. Often times, the insurance company wants you to believe everything they say. Many times, these insurance companies are wrong. They want you to give up. Every day, our workers' compensation attorneys fight wrongful denials by these insurance companies. Call us at 1-800-JUSTICE to discuss your case today.

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  • Attorney Roman Diveev has been practicing at Rue & Ziffra since 2016. Born in Tashkent, Uzbekistan, he is fluent in both English and Russian. Prior to joining Rue & Ziffra, Mr. Diveev has had personal injury, immigration, and general civil litigation experience with several Orlando law firms. Mr. Diveev has recovered many six-figure settlements for his clients over the years, including for clients whose workers’ compensation claims were totally denied.

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