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Does Workers Comp Cover Driving Between Job Sites?
Yes — injuries that occur while driving between job sites in the course of employment are generally covered. Regular commuting is usually not.
- ✓Driving between job sites during the work day is generally covered
- ✓The regular commute to and from work is usually excluded
- ✓Accidents in a company vehicle during work hours are typically covered
- ✓Using a personal vehicle on employer business creates coverage questions
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The Going and Coming Rule
Workers comp law generally follows the ‘going and coming’ rule: injuries that occur while commuting from home to work and back home at the end of the day are not covered. The employee is not yet performing work-related duties during the ordinary commute.
The major exception is when the employee’s vehicle becomes part of their work. A contractor who uses their personal truck to transport tools, materials, and equipment to job sites — and is compensated for that use — may have the commute treated as work-related. Courts look at whether the employer derives a benefit from the employee’s use of their vehicle beyond simply getting to work.
Driving between job sites during the work day is clearly work-related. If a plumber drives from one job site to another, picks up materials from a supply house, or drives to a customer consultation, those miles are in the course of employment.
Company Vehicles vs. Personal Vehicles
Injuries in a company-owned vehicle during work hours are almost universally covered under workers comp (medical, lost wages) in addition to any auto insurance coverage for the vehicle accident itself.
Personal vehicle use on employer business creates more complexity. The workers comp coverage question (is this in the course of employment?) is separate from the auto insurance question (whose auto policy covers the vehicle accident?). Workers comp may cover the injury even if the personal auto policy has questions about the accident.
For contractors who regularly have employees driving between sites in personal vehicles, documenting mileage reimbursement and job site routing is important. It establishes the employment purpose of the driving, supporting workers comp coverage for any injury that occurs.
Make Sure Your Policy Covers Every Mile Your Crew Works
We review your operations to make sure your workers comp coverage matches how your crew actually works — including time in vehicles and on the road.