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Is Biking To Work Covered by Workers’ Compensation if I’m injured?

In Sacramento, some people drive to work, while others walk, take a bus or even ride a bike. The common thread that runs through all of such people is that they have jobs, they’re on their way to work, and they’re not on the clock. Ordinarily, they’re not covered by workers’ compensation insurance either if they’re involved in an accident. That’s what’s known as the coming and going rule. You might also hear it referred to as the portal to portal rule.

Accidents on the Road
The general rule is that employees are covered by workers’ compensation if they are injured while in the course and scope of their employment by an anticipated and foreseeable risk of that employment. That rule almost always applies to accidents that occur on the employer’s business premises. It might also apply to circumstances when the services that are rendered on behalf of the employer need to be carried out somewhere away from the premises. For example, an electrician from XYZ Electric in Sacramento might get into an accident while driving to perform services for XYZ’s customer in Elk Grove. That electrician is probably covered under California workers’ compensations laws. Here are some examples of employees who might also be covered when they are in route:

  • Traveling salespeople and nurses or other employees who go from destination to destination. An employee like this might have a fixed office at the employer’s business site, but he or she isn’t there very often.
  • Employees who are “on call.” They might be eligible for benefits if they’re injured in an accident going to or from home to work.
  • An employee who must drive through a zone of danger like a blasting or construction site in order to get to work.
  • An employee on their way home who runs an errand for the company’s business interests, like a secretary dropping off the day’s mail at the post office on the way home.

Potential workers’ compensation cases involving employees being injured in motor vehicle accidents must be examined closely. Always keep the fact in mind that there might be exceptions to the general coming and going rule. If you were injured in a motor vehicle accident while directly or indirectly benefitting your employer, you might be covered by California workers’ compensation benefits. Report your accident to your employer in writing. After that, contact us to arrange for a free confidential consultation and case review.

Contact a Sacramento Workers’ Compensation Lawyer Today

California laws and OSHA regulations are in place to protect you and your family. Our state and federal legislatures are aware of how frequent injuries occur to mechanics and how they can impact a family. If you’ve been injured in a on the job anywhere in or around Sacramento contact us today.

Sacramento Workers’ Compensation Attorney, Alice A. Strömbom, focuses exclusively on Workers’ Compensation Law and the rights of injured workers. She is very familiar with the tactics insurance companies use to avoid providing the medical treatment and disability benefits injured workers deserve, and has a recognized track record in combating such issues.

Contact us today for a free, confidential consultation and case evaluation. We’re going to listen to you carefully. Then, we will advise you on what we think we might be able to do for you. Be sure to give your employer that written notice of the accident, and call us right away.