By: Sandra Weigel Kokal

Generally, if you are injured on your commute to or from work, you are not eligible under the PA Workers’ Compensation Act for workers’ compensation benefits. This is generally known as the “Coming and Going Rule.” However, there are four exceptions to this rule:

1. The employment contract includes transportation to or from work;

2. The employee has no fixed place of work;

3. The employee is on a special assignment or mission for the employer; or

4. Special circumstances are such that the employee was furthering the business of the employer.

The Commonwealth Court of Pennsylvania addressed these exceptions in a recent case where the employee was seriously injured in a car accident on his way to work. As a result of his injuries, he was unable to return to his job as Director of Maintenance, a position where he was required to respond to all emergencies. If an emergency occurred on a day he was off, the employer gave him “comp time.” The “comp time” would run from when he was called to work until he arrived back home.

The employee in this case was sick on the morning of his car accident. He was in the process of calling off work sick when he received a phone call from his employer telling him he needed to come in to handle an emergency with one of the security cameras. Employer told him there was no one else available to handle the emergency. The car accident occurred on his was in to handle the emergency.

The employer denied workers’ comp benefits, taking the position he was hurt on his commute. The Workers’ Compensation Judge found otherwise and granted his benefits finding that employee was on a special mission for employer – “Claimant was sick…, and except for the special need of the Employer…Claimant would not have gone to work.” The Workers’ Compensation Appeal Board upheld this decision but called it a “special circumstance” exception.

The Commonwealth Court agreed. The Court found that the only reason Claimant went in to work that day was to help Employer with an emergency. He was entitled to “comp time” which covered his travel time. Workers’ compensation benefits were properly awarded.

Cases involving injuries sustained commuting to work are always difficult and are dependent on the specific facts of each individual case. Consult one of our attorneys to discuss the facts of your case.

By: James R. Burn, Jr.

If you have filed a claim for workers’ compensation benefits or you are receiving benefits for lost wages or medical care, workers’ compensation insurance carriers will frequently “check up on you” by sending you forms for updated information. These forms ask if you are receiving any other benefits or working.

As with any type of document, these forms need to be filled out truthfully and accurately. Anyone receiving these documents should avoid entering any information which could be perceived as an attempt to mislead the insurance company.

These forms state quite clearly that fraudulent, inaccurate, or misleading information could be used against the injured worker.

Recently, an injured worker was receiving a salary while receiving workers’ compensation benefits at the same time. He misled the insurance company and withheld this information. Not only was he charged with a crime, but he was also ordered to pay restitution in the amount of $80,000.

Workers’ compensation fraud is what makes it difficult for us in our battles with the insurance company. The insurance companies are of a mindset of suspicion on all claims even the legitimate claims of our hard-working clients.

If you receive any of these forms, we would be happy to discuss them with you. We urge you to share all relevant and accurate information with your insurance carrier to avoid any misunderstandings or problems. Abes Baumann attorneys can help you with your workers’ compensation problems in Pennsylvania.