The line between work and personal time is not always obvious. If you were hurt on the way to the office, in the parking lot, or while running an errand for your boss, you may wonder whether workers’ compensation applies. Delaware’s coming and going rule provides the framework, with exceptions that often determine coverage.
The Detailed Answer
The General Rule
Under Delaware law, an injury is generally compensable under workers’ compensation only if it arises out of and in the course of employment. Ordinary commuting — driving from home to a fixed workplace and back — is typically not considered to be in the course of employment. So a crash on the morning commute to your usual office is generally not a workers’ comp injury.
Recognized Exceptions
Several recognized exceptions may bring commute injuries within workers’ comp coverage:
- Special errand: If your employer asked you to make a stop, deliver something, or perform a task on the way to or from work.
- Traveling employee: If your job requires you to travel between locations or to client sites, you may be covered while traveling.
- Employer-provided transportation: If the employer provides the vehicle or pays for travel, coverage may extend to the commute.
- Premises exception: Injuries that occur on the employer’s premises — including company parking lots in many cases — may be covered.
- Dual purpose: If the trip serves both personal and business purposes.
Third-Party Liability Even Without Workers’ Comp
Even if your commute injury is not covered by workers’ compensation, you may still have a personal injury claim against an at-fault third party. A driver who hit you during your commute can be sued in civil court regardless of whether your employer’s insurance applies.
Notice and Filing Deadlines
If you believe your commute injury may fall within an exception, give your employer written notice promptly under 19 Del. C. § 2341. Delays in reporting often become a basis for the carrier to deny the claim.
What This Means for Your Case
Commute injury cases turn on facts. The reason for the trip, the timing, the route, and the relationship between the travel and your job duties all matter. A short detour for an employer’s benefit can change the analysis. So can a job that requires regular movement between sites. Document the circumstances carefully and seek legal review before assuming the claim is or is not covered.
Related Questions
Q: What about injuries in the company parking lot?
Many parking lot injuries are covered under the premises exception, particularly if the employer owns or controls the lot. Specific facts matter.
Q: Can I get workers’ comp and sue the at-fault driver?
If the commute is covered by workers’ comp and a third party caused the crash, you may pursue both — though subrogation rules apply. See our page on personal injury vs. workers’ comp.
Q: What if my employer told me to use my own car for work?
That may bring you within the traveling employee or employer-provided transportation exceptions, depending on the facts.
When to Talk to a Delaware Personal Injury Lawyer
Commute and on-the-job-but-off-site injury cases benefit from careful factual review. Schuster Jachetti LLP has experience handling Delaware workers’ compensation and personal injury matters. Visit our attorney page or call (302) 984-1000.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.