"Going and Coming Rule" Does not Apply to Home Healthcare Nurse
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In workers' compensation cases, a claim is not compensable if an employee is injured while going to work or coming home from work. This is commonly referred to as the "going and coming" rule.
There are numerous exceptions to this rule. One exception is the traveling salesman rule which applies to salesmen who are required in their job to travel from customer to customer. In the case of a traveling salesman, even if they are injured while going to their first customer, their claim is compensable under the traveling salesman exception.
Another exception to the "going and coming" rule was applied in the case of Munoz v. Caldwell Memorial Hospital.
In that case, the Industrial Commission upheld an award of benefits to a home healthcare nurse.
The nurse was involved in a motor vehicle collision on the way to her first patient.
The nurse had only been employed by the defendant for four days at the time of the collision. She had been assigned to three different patients at different locations on each date of her employment. This nurse would visit only one patient per day. Some of the nurses employed by the defendant were limited to single patients and some would see multiple patients. The nurse's wages would not begin until she reached the patient's residence.
In upholding benefits, the Industrial Commission ruled that the nurse was not assigned "solely" to the patient she was in route to assist on the date of her injury. The nurse's employment involved multiple patients and she had no fixed hours or place of work.
The employer also provided mileage since a round trip to the patient's home was greater than sixty miles from the nurse's home address.
The Industrial Commission held that the contractual duty exception applied in this case and awarded the home healthcare nurse full workers' compensation benefits.
This case demonstrates the complex nature of many workers' compensation cases. This case could have easily been decided the other way. It is sometimes very difficult to predict how the courts will rule in workers' compensation cases.
If you or a loved one have been injured while at work or have a question about the "going and coming rule," please contact us by filling out the form on this page.
For more information on this subject matter, please refer to the section on Worker's Compensation.