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Question: I was injured in a car accident while driving to work. Can I apply for workers compensation benefits? Anonymous, Nicholson, Pa.

Answer: Under Pennsylvania workers compensation laws, in order to qualify for workers’ compensation benefits, an injured worker bears the burden of demonstrating that any injuries he has sustained occurred in the course and scope of his employment. Employees who sustain injuries away from an employer’s premises while travelling to and from work are generally not eligible for workers’ compensation benefits. Pennsylvania courts, however, have created exceptions to this “coming and going” rule. The courts have held that an injured employee may be eligible for benefits for injuries sustained travelling to or from work if certain conditions are met: (1) the employment agreement between a claimant and employer included transportation to and from work; (2) the employee has no fixed place of work; (3) the employee is injured while on a special assignment for the employer; and (4) special circumstances indicate that the employee was furthering the business of the employer.

If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com or call (570) 347-1011 for a free consultation.



Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column. 


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Tom Cummings

Tom Cummings / E-mail: Tom Cummings

Thomas P. Cummings has been a Partner with Dougherty, Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers' compensation and Social Security Disability cases.