Jan 24

Exceptions to the Going & Coming Rule in Florida Work Comp Cases

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Typically, under the “going and coming rule” in Florida’s workers’ compensation law. workers traveling to or from work are NOT in the course and scope of employment unless they are on duty, on a special call, or are in transportation provided by the employer.

Going and coming begins and ends when the employees enters or leaves the employer’s premises. It is important to note that employees do NOT have to be “on the clock” to be entitled to workers’ compensation benefits.

If an employee is injured while walking to or from his or her car to the employer before or after punching in for work, workers’ compensation benefits must be provided if the car is parked on the employer’s premises. Many business are found in shopping malls. In such cases, the entire mall–including the entire parking–is deemed the employer’s premises for workers’ compensation purposes. Outside of the mall arena, if the employer does not own the parking lot and the employee injured in the parking lot, the employee’s injuries may not be compensable because he had not yet entered the employer’s premises. However, under another theory, benefits may be afforded.

If you are injured at work, don’t believe the employer or insurance company if they tell you that your injuries are not compensable because you were not punched in for work. They are wrong! You should contact my office to discuss your rights and responsibilities. The employers and insurance companies have attorneys working for them, so should you!

My office has been representing those injured in Florida car accidents and work injuries for over 53 years. To contact me to discuss your case, simply click here.

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