For Oklahoma business owners like you, navigating workers’ compensation claims can be a complex affair. The “coming and going rule” represents one of the most important defenses available to you when challenging questionable claims. This legal principle ensures that your business is not liable for injuries that occur outside the scope of employment.
What is the coming and going rule?
The coming and going rule states that employees who sustain injuries during commutes to and from work cannot recover workers’ compensation. From a legal standpoint, employees do not act within the “scope of employment” until after they begin professional duties.
That means that the hazards of a commute are not the result of your business operations. The coming and going rule recognizes that you should not bear responsibility for those risks.
Upholding a denial
When you deny a claim based on this rule, you are asserting that the employee’s commute is a personal rather than business activity. Keep in mind that a few factors may affect the validity of your denial. The ones typically considered are:
- Fixed location: The coming and going rule is easier to defend when your employees have fixed places of work. If the employee’s job starts and ends at a specific location, the commute is clearly outside the scope of employment.
- Control: During a standard commute, you have no control over the employee’s route, mode of transportation or behavior. When there is no employer control, there is typically no employer liability.
- The Premises Rule: Under Oklahoma’s premises rule, liability generally begins on the employer’s property. However, coverage can extend to adjacent public areas in two ways. If you exercise control over the areas or if the areas serve as the sole path for entering the workplace, you may be liable.
Always review the facts of a claim closely before upholding a denial. The location and nature of an employee’s work can change a situation’s circumstances.
Common exceptions and defenses
While the coming and going rule provides important protections, there are recognized exceptions in Oklahoma. For example, if your employee runs special errands outside of the office, their travel for those work-related errands may be covered. Workers whose jobs involve frequent travel may have broader coverage.
Remember that you will need to present clear evidence that the injury occurred outside the scope of employment. Workers’ compensation laws can also vary by state. Consider reaching out to a legal representative to understand the specific applications of workers’ comp rules.