Employees are not covered by workers’ compensation while “going and coming” to and from work unless specific circumstances apply.1

Courts have ruled that the employment relationship is suspended during the commute period. As a result, injuries that occur when an employee is engaged in an ordinary commute during regular hours, off-duty travel or travel off of the employer’s premises do not fall under the “course of employment” according to the Workers’ Compensation Act.

One exception is where the employment creates a “special risk.”2 The special risk exception applies in the following circumstances:

“But for” the employment, the employee wouldn’t have been at the location where the injury occurred.
The risk is distinctive or quantitatively greater than risks “common to the public.”3

Other exceptions to the general rule may create employer liability for an injury occurring during an employee’s commute to and from work, such as:

If the travel or commute time is paid.
If you require your employees to use or have their cars available at work.
If you ask an employee to do a special errand on the way to or from home.
If you provide or require the use of a special parking lot and an employee is injured entering or exiting the parking lot.

1. Hinojosa v. WCAB, 8 Cal.3d 150 (1972)

2. Parks v. WCAB, 33 Cal.3d 585 (1983)

3. General Ins. Co. v. WCAB, 16 Cal. 3d 595 (1976)

Employee Injury While Commuting

Covered Injuries