What Is The “Going and Coming” Defense To Workers’ Compensation?
Question
What Is The “Going and Coming” Defense To Workers’ Compensation?
Answer
The going and coming rule is a rule that Rhode Island recognizes as a bar or a prohibition against receiving compensation.
The Rule
Generally, the rule states that injuries sustained while going to or coming from the workplace are not compensable under the Rhode Island Workers’ Compensation Act and do not entitle the employee to any benefits. In reality, however, case law overtime has expanded the number of exceptions to that rule- so much so that it’s commonly considered that the exceptions have swallowed the rule.
You're Neither Entitled or Barred
So, that’s not to say that if you have a case where you get hurt going to or coming from the workplace that you will be entitled to benefits. The employers and insurers will aggressively pursue a going and coming defense the moment they smell one. This requires that your lawyer be very well-versed in handling that area of the law because the case could be hotly contested. At the end of the day, the mere fact that you were going to or coming from work when you got injured does not necessarily mean that you’ll be barred from compensation.