[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.kornbluthginsberg.com\/blog\/coming-and-going-rule-in-workers-comp-in-nc\/#BlogPosting","mainEntityOfPage":"https:\/\/www.kornbluthginsberg.com\/blog\/coming-and-going-rule-in-workers-comp-in-nc\/","headline":"What Is the Coming-and-Going Rule in Workers’ Comp in NC?","name":"What Is the Coming-and-Going Rule in Workers’ Comp in NC?","description":"Under the NC workers’ compensation law, employees can obtain financial benefits when they sustain an injury or illness in the course and scope of their employment. However, various legal doctrines define the “scope of employment” for workers’ comp eligibility, including the coming-and-going rule. The coming-and-going rule generally excludes coverage of injuries sustained while traveling to […]","datePublished":"2025-03-13","dateModified":"2025-09-15","author":{"@type":"Person","@id":"https:\/\/www.kornbluthginsberg.com\/blog\/author\/michael\/#Person","name":"Michael Kornbluth","url":"https:\/\/www.kornbluthginsberg.com\/blog\/author\/michael\/","identifier":31,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/3e8789b492841a888dbab9940b910c8c33a6c5ecad3b6e0cd2843979c8e4c41a?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/3e8789b492841a888dbab9940b910c8c33a6c5ecad3b6e0cd2843979c8e4c41a?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Kornbluth Ginsberg Law Group, P.A.","logo":{"@type":"ImageObject","@id":"https:\/\/www.kornbluthginsberg.com\/wp-content\/uploads\/2024\/08\/logo-footer.svg","url":"https:\/\/www.kornbluthginsberg.com\/wp-content\/uploads\/2024\/08\/logo-footer.svg","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.kornbluthginsberg.com\/wp-content\/uploads\/2025\/03\/coming-and-going-rule-in-workers-comp-in-nc.png","url":"https:\/\/www.kornbluthginsberg.com\/wp-content\/uploads\/2025\/03\/coming-and-going-rule-in-workers-comp-in-nc.png","height":900,"width":1200},"url":"https:\/\/www.kornbluthginsberg.com\/blog\/coming-and-going-rule-in-workers-comp-in-nc\/","about":["Workers' Compensation"],"wordCount":586,"articleBody":"Under the NC workers’ compensation law, employees can obtain financial benefits when they sustain an injury or illness in the course and scope of their employment. However, various legal doctrines define the “scope of employment” for workers’ comp eligibility, including the coming-and-going rule.The coming-and-going rule generally excludes coverage of injuries sustained while traveling to and from work from the scope of workers’ compensation coverage unless an employee meets specific exceptions to the rule.How the Coming-and-Going Rule Affects Workers’ Compensation EligibilityThe going-and-coming rule affects workers’ compensation eligibility by precluding employees from seeking workers’ comp benefits for injuries suffered in accidents that occur while commuting to or from work. The rule establishes that travel to and from work does not arise out of or occur during employment but instead constitutes a hazard experienced by anyone traveling for any purpose.Employees who get hurt in accidents while traveling to and from work cannot seek workers’ compensation coverage unless they establish one or more exceptions to the going-and-coming rule.Exceptions to the Coming-and-Going Rule in NC Workers’ Compensation LawIn North Carolina, several exceptions to the coming-and-going rule allow workers to file claims for workers\u2019 compensation for injuries sustained while traveling to and from work.These exceptions include:An injury occurs on the employer\u2019s premises. Although an employee\u2019s workday begins and ends when they clock in and out of work, with travel to or from work defined by clocking in or out, courts have recognized an exception to the coming-and-going rule for injuries that occur on an employer-owned property as an employee walks into work, such as a slip-and-fall accident that occurs in an employer’s parking lot.An injury occurs while an employee performs a \u201cspecial errand\u201d for the employer. Under the special errand exception, an employee can obtain workers’ comp benefits for injuries suffered while traveling to or from work if their employer requires them to perform an errand or task during their trip, such as gathering supplies for the day’s work.The employer provides transportation to the employee under an employment agreement or compensates them for transportation costs. Employers must provide workers\u2019 comp coverage for an employee\u2019s travel to or from work if the employer provides transportation, such as a work vehicle the employee can take home. Employees who travel directly from home to a worksite other than the employer\u2019s premises may also qualify for workers\u2019 compensation. For example, a home health nurse who begins the day by driving to the first patient\u2019s home or a traveling salesperson who goes to the first client’s office could be entitled to benefits if a motor vehicle accident occurs en route.How Kornbluth Ginsberg Can Help with Your NC Workers’ Comp ClaimThe legal team at Kornbluth Ginsberg Law Group, P.A., can help you seek workers\u2019 compensation benefits in a case involving the going-and-coming rule.They can help you by:Investigating the circumstances surrounding your accidentReviewing the facts and evidence to determine whether your injuries occurred in the course of your employment or whether exceptions to the coming-and-going rule applyDocumenting your injuries and expenses and losses to determine what benefits you deserve to recoverFiling your workers\u2019 compensation claims and representing you during negotiationsRepresenting you at workers\u2019 comp hearings and appeals if your claim is denied or undervaluedContact Kornbluth Ginsberg today for a free, no-obligation consultation with a workers\u2019 compensation attorney to learn how North Carolina\u2019s coming-and-going rule may affect your workers\u2019 comp eligibility."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.kornbluthginsberg.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Is the Coming-and-Going Rule in Workers’ Comp in NC?","item":"https:\/\/www.kornbluthginsberg.com\/blog\/coming-and-going-rule-in-workers-comp-in-nc\/#breadcrumbitem"}]}]