- Workers' Compensation
Commute to Work Injuries in Florida
At Work Injury Rights, we focus exclusively on protecting employees who have suffered job-related injuries in Florida. Our firm brings decades of combined experience in workers’ compensation law, and we are committed to helping injured workers, their families, and dependents secure the benefits they deserve. We understand how an accident can affect your health, income, and future, and we work tirelessly to hold employers and insurance companies accountable.
A daily commute to work is part of life for most employees in Florida, but accidents during this time raise difficult questions about coverage and benefits. Many workers assume any injury tied to their job will qualify for workers’ compensation, yet Florida law treats commute injuries differently under the Going and Coming Rule. Understanding when a commute injury is excluded and when exceptions may apply is important for employees, family members, and employers alike.
In this blog, you will discover how Florida law treats commute to work injuries, learn about key exceptions to the Going and Coming Rule, and understand why working with an experienced Tampa workers’ compensation attorney can help protect your rights and benefits.
The “Going and Coming Rule” in Florida
Florida law sets limits on whether injuries during a commute to work qualify for workers’ compensation benefits. The “Going and Coming Rule” is the key standard that applies in most daily commute situations.
What the Rule Means
The “Going and Coming Rule” excludes coverage for injuries that occur while an employee is traveling to or from the job. Under Florida Statute § 440.092(2), a commute is considered personal time, not part of the job itself. This means if a person is injured in a car accident, bus crash, or other transportation incident on the way to or from work, benefits typically do not apply.
Why the Rule Exists
The rule exists to separate personal commute time from job duties. A workplace injury is covered when it happens in the course of employment. A commute to work, by contrast, is seen as private travel. Employers, employees, and insurance companies use this rule to determine whether an injury is linked to the workplace or to normal commute risks.
Example of How It Works
If an employee is driving a personal vehicle and is injured before arriving at the company site, the injury is not covered. If that same employee is already on company property, such as a parking lot, the situation may be different. The rule draws a line between off-site commute accidents and work-related injuries.
Exceptions to the Rule: When a Commute Injury May Be Covered
Although Florida’s “Going and Coming Rule” excludes most commute injuries, several exceptions exist where employees may still receive workers’ compensation benefits. These situations depend on the facts of the commute and the connection to the job.
Special Mission Exception
If an employer directs an employee to handle a task outside normal hours or locations, the commute can be covered. For example, a worker asked to pick up supplies before arriving at the company office may qualify for benefits if injured during that trip. This exception ties the travel directly to work duties.
Traveling Employees
Some jobs require constant travel. Truck drivers, delivery employees, and sales staff spend most of their workweek on the road. For these specific groups, commute time and travel time overlap. An injury while driving, riding, or making a required trip is often treated as a work-related injury rather than a personal commute.
Premises Exception
Coverage can apply if an injury happens on employer-controlled property. Parking lots, sidewalks leading to the building, or areas where employees gather before starting the job may be considered part of the workplace. Under Florida Statute § 440.091, an injury in these areas can fall within workers’ compensation.
Employer-Provided Transportation
When a company provides a bus, truck, or car for employees, the trip is often considered part of the job. If a worker is injured while using employer-provided transportation, the accident may qualify as covered. This rule helps employees who depend on rides arranged by the company.
Remote Work and Off-Site Duties
Remote work creates new questions about commute injuries. An employee who leaves a home office to attend a client meeting or to visit another site is often viewed as traveling in the course of employment. If an accident occurs during these trips, the injury may be covered under Florida workers’ compensation law.
Specific Groups Affected by Commute Injuries
Commute injuries do not affect all employees in the same way. Certain groups face higher risks or fall under different rules when traveling to and from work in Florida.
Public Transportation Commuters
Employees who rely on a bus, train, or other public transportation are generally not covered if they are injured during the trip. A daily commute on public transit is treated as personal travel. Coverage may apply only if the employee was performing a work-related task or traveling under an employer’s direction.
Industry-Specific Roles
Workers in industries that depend on constant travel are more likely to be covered. Truck drivers, delivery workers, healthcare staff visiting patients, and sales representatives spend a large part of their job on the road. For these employees, commute time often overlaps with job duties, making injuries more likely to fall under work-related injuries.
Local Government Agencies and First Responders
Certain employees in local government agencies, such as police officers, firefighters, and paramedics, may qualify for exceptions. Because their work often begins before arriving at a specific site, Florida law can recognize commute-related injuries as connected to the job.
Family Members and Dependents
Commute injuries that result in fatalities may also affect family members and dependents. Under Florida Statute § 440.16, dependents may receive benefits if the accident falls within an exception to the rule. This ensures families are not left without support when a commute to work injury is connected to employment.
Steps to Take If You Are Injured During Your Commute to Work
A commute injury can create confusion for employees and families. Taking the right steps helps determine whether the accident may qualify for workers’ compensation benefits in Florida.
Determine If an Exception Applies
The first step is to review whether the situation fits an exception to the Going and Coming Rule. Injuries that occur during a special mission, on employer property, or while using employer-provided transportation may be covered. Employees should consider the details of the ride, trip, or location at the time of the injury.
File a Claim Quickly
Florida law requires injured workers to report accidents promptly. Under Florida Statute § 440.185, a claim must be filed within the required time frame. Delays can affect eligibility and may limit benefits for the employee and dependents.
Document All Details
Employees should record facts about the commute time, mode of transportation, and location of the accident. Information about colleagues, coworkers, or other drivers involved should be noted. Data such as police reports, medical records, and communication with employers can help support the claim.
Contact a Work Injury Attorney
An experienced attorney can review whether the commute to work accident qualifies for coverage. Legal guidance is useful for answering questions, filing paperwork, and protecting the rights of the injured person and family members. Contact with a lawyer ensures deadlines are met and benefits are pursued under Florida law.
Consult With an Experienced Tampa Workers’ Compensation Attorney!
If you or a family member has been injured during your commute to work, do not wait to get the answers you need. The rules in Florida can be confusing, and every detail matters when it comes to determining benefits. Our team at Work Injury Rights has the experience to review your situation, explain your options, and fight to protect your rights.
Contact us at 954-388-8616 for a free claim review ASAP!
