Skip to main content
Petro Cohen Logo
  • Our Firm
    • About Us
    • News
    • Testimonials
    • Community
    • Newsletters
    • Blogs
    • Legal Updates
    • Resources
  • Practice Areas
    • Workers’ Compensation
    • Wear and Tear
    • Personal Injury
      • Automobile Accidents
      • Trucking Accidents
      • Bicycle & Motorcycle Accidents
      • Slip & Fall / Trip & Fall
      • Pedestrian Accidents
      • Dog Bite & Animal Attacks
      • Dangerous Property Conditions
      • Construction Accidents
      • Products Liability & Industrial Accidents
      • Claims Against Public Entities
      • Wrongful Death
    • Interesting Cases
  • Attorneys
    • Frank A. Petro
    • Barry D. Cohen
    • Susan Petro
    • Terri A. Hiles
    • Richard W. Gaeckle
    • Daniel Rosenthal
    • Michael Veneziani
    • Samuel A. Scimeca
  • FAQs
  • Getting Started
  • Contact Us

Are There Any Exceptions to the “Going and Coming Rule” in New Jersey?

Home > Are There Any Exceptions to the “Going and Coming Rule” in New Jersey?
Jul 14, 2020 | Petro Cohen | Read Time: 4 minutes

If you are an employee in New Jersey and you are involved in an off-site accident, you may be eligible for workers’ compensation benefits under certain circumstances. One of these circumstances is the “special-mission” exception to the going-and-coming rule. This means that even if you are doing a favor for your employer, such as running an errand or attending a work-related event off-site, you may still be covered under the New Jersey Workers’ Compensation Act. However, it’s important to understand the specific requirements and limitations of this exception, as well as the process for filing a claim. If you have been injured while performing a work-related task off-site, it’s important to seek legal advice from an experienced workers’ compensation attorney.

7 Exceptions to New Jersey’s “Going and Coming Rule” for Workers’ Compensation Eligibility

In order to be eligible for workers’ compensation benefits in New Jersey, you must get injured in a job-related accident. As a general rule, commuting is not considered to be a job-related activity. As a result, injuries that you suffer on the way to work or on the way home are not covered by workers’ compensation. In New Jersey, this is commonly known as the “going and coming rule.”

However, while New Jersey’s “going and coming rule” applies in most cases, there are a number of exceptions. If you were injured on your way to work or on your way home, it is important to analyze each of these exceptions in order to determine whether you are eligible to file for workers’ compensation benefits.

The following are seven common exceptions to New Jersey’s “going and coming rule” for workers’ compensation eligibility.

1. Special Mission Exception

The first exception to the “going and coming rule” is commonly known as the “special mission” exception. Under this exception, you may be eligible for workers’ compensation benefits if you are asked to perform a job-related task during your commute. For example, if your supervisor asks you to pick up supplies on the way in or drop off a package on the way home, then you may be covered in the event that you are injured in an accident during your commute.

2. Paid Travel Time Exception

If you travel for work, then you will generally be eligible for workers’ compensation for the injuries you sustain at any point during your travels. This is true for employees who travel regularly (such as account executives and site inspectors) as well as individuals who travel occasionally on an as-needed basis.

3. Use of a Company Vehicle

If you have access to a company vehicle and you are authorized to use that vehicle for commuting, then you will generally be covered while commuting in your company vehicle. This exception applies to work trucks, company sedans, and all other types of vehicles that your employer owns or leases and provides to employees for business purposes.

4. No Fixed Place of Work

Most people spend their work days at an office, warehouse, or other regular jobsite. However, if you do not have a fixed place of work, then the “going and coming rule” does not apply to you. For example, if you are a technician or other service provider and you spend your days traveling from one customer’s home or office to the next, then you will likely be eligible for workers’ compensation, regardless of when your accident occurs (as long as it occurs within the scope of your employment).

5. Employer-Incentivized Carpooling

In an effort to “go green,” many employers are incentivizing their employees to carpool or rely on public transportation. If your employer provides a financial incentive or other direct benefit for you to carpool, then the “going and coming rule” may not apply on the days that you ride with someone else to get back and forth to work.

6. Work Outside of Normal Business Hours

If your employer asks you to perform a job-related task outside of your usual work hours, or if you are “on call” and subject to being called into work outside of normal business hours, this can provide an exception to the “going and coming rule” in some cases as well.

7. Employer-Controlled Premises Exception

If you are on your way to clock in or just getting started on your commute home, an accident that happens on premises that are owned or controlled by your employer may be covered under workers’ compensation. For example, if you slip and fall on an icy sidewalk or get hit in the parking lot at your place of employment, these are both situations in which workers’ compensation benefits may be available.

In 2014, attorney Frank Petro made headlines for successfully winning a case for an employee of Harrah’s Casino who was driving out of her employer’s parking lot and was struck by another vehicle on a public road. The Court reasoned that the employee was legally in the course of her employment, as she had not completely left the employer’s parking lot when the accident occurred.

Seeking Financial Compensation Outside of Workers’ Comp

Regardless of whether you are eligible to file for benefits, it is important to determine whether you are entitled to compensation outside of workers’ comp as well. Vehicle collisions and premises-related accidents are often the result of someone else’s negligence. And if someone else is to blame for your injuries, you may be entitled to full compensation for all of your injury-related losses.

Speak with a New Jersey Workers’ Compensation Lawyer for Free

If you have been injured in an accident and would like more information about your legal rights under New Jersey law, we encourage you to contact us promptly for a free initial consultation.

The worker’s compensation team at Petro Cohen law firm, Frank Petro, Suzanne Holz Meola, Terri Hiles, and Daniel Rosenthal, has more than 100 years of combined experience, having successfully handled thousands of litigated workers’ comp cases throughout New Jersey. This experience and winning track record means that you are going to have a skilled New Jersey work injury lawyer who will work hard for you.

Petro Cohen, P.C.  has been consistently recognized as one of New Jersey’s leading firms in the area of workers’ comp. The firm received the highest rating by Martindale-Hubbell – the world’s foremost authority on law firm credentials – in Professional Excellence and Ethical Standards and Legal Ability. Last fall, U.S. News & World Report and Best Lawyers® announced the “Best Law Firms” rankings. Petro Cohen, P.C. was once again ranked in the 2020 U.S. News – Best Lawyers® “Best Law Firms” list and regionally for Workers’ Compensation Law, marking the firm’s tenth consecutive year on the prestigious list.

We have four offices throughout New Jersey (Northfield, Cape May Court House, Hamilton, and Cherry Hill), and offer free consultations. To speak with one of our experienced workers’ compensation lawyers in confidence, please call 888-675-7607 or request an appointment online today.

Rate this Post
1 Star2 Stars3 Stars4 Stars5 Stars
Loading...
Share:

Recent Posts

Featured Image

How to Prove You Are Not at Fault in a Car Accident in NJ

Featured Image

What to Do When the Other Driver Has No Insurance in New Jersey

Featured Image

Understanding New Jersey’s No-Fault Car Insurance System

  • Contact Us
  • This field is for validation purposes and should be left unchanged.

Sign up for our Newsletter

For the most recent blog posts, and legal updates delivered directly to your inbox.

  • schedule a free consultation * Required Fields
  • This field is hidden when viewing the form
  • This field is for validation purposes and should be left unchanged.

Petro Cohen Logo
  • info@petrocohen.com
  • (888) 675-7607
  • (609) 677-1790
  • Live Chat available 24/7
  • Monday - 8:30 am–5:00 pm
  • Tuesday - 8:30 am–5:00 pm
  • Wednesday - 8:30 am–5:00 pm
  • Thursday - 8:30 am–5:00 pm
  • Friday - 8:30 am–5:00 pm
  • Saturday - Closed
  • Sunday - Closed

Offices

  • Northfield
    The Executive Plaza
    2111 New Rd #202
    Northfield, NJ 08225
    (609) 677-1700
  • Cape May Court House
    Schoolhouse Office Park
    211 S Main St #101
    Cape May Court House, NJ 08210
    (609) 729-1187
  • Cherry Hill
    Beowulf Plaza
    1814 E NJ-70 #336
    Cherry Hill, NJ 08003
    (856) 673-4181
  • Hamilton
    100 Horizon Center Blvd
    Hamilton Township, NJ 08691
    (888) 675-7607
© 2025 Petro Cohen, P.C. All rights reserved. | Legal Disclaimer | Attorney Advertising | Privacy Policy | Copyright/Trademark | Sitemap
  • Contact Us for a Consultation Schedule your free consultation.
  • This field is for validation purposes and should be left unchanged.