News

Hit on the Way to Duty: What Happens if You Are Injured in an Accident While Commuting?

Commuting to and from work is a daily routine for most employees, including police officers, firefighters, and other public servants. But what happens if you’re involved in a serious car accident on your way to duty? Many injured workers are surprised to learn that they may not qualify for benefits under New Jersey’s workers’ compensation laws if the injury occurs during a commute. However, certain exceptions may apply, and the situation becomes even more complex for public employees with special duties or varying schedules. At The Law Offices of Feeley & LaRocca, we help workers across New Jersey understand their rights and pursue the compensation they are owed after an injury.

If you’ve been hurt in a commuting-related accident and are unsure where to begin, speak with a workers’ compensation attorney early in the process. The legal standards surrounding commuter injuries can be narrow, and the success of a claim often depends on specific facts.

Understanding the “Coming and Going” Rule

New Jersey law follows the “coming and going” rule, which generally states that workers’ compensation does not cover injuries occurring during your commute to or from work. This rule assumes that employees are not “on the job” until they arrive at their workplace or begin performing work-related duties.

However, exceptions exist. If you were running an errand for your employer, using a company vehicle, or performing tasks required by your job during the commute, you may still qualify for benefits. The same is true if your employment involves frequent travel or if you have no fixed worksite. A workers’ compensation lawyer can review these nuances with you and identify whether your situation fits one of the legal exceptions.

When Public Employees May Be Covered

For police officers, firefighters, emergency responders, and other public servants, the distinction between personal time and duty can be more challenging to define. In some cases, public employees may be considered “on duty” while commuting due to the nature and responsibilities of their job. For example, if an officer is expected to respond to emergencies while in uniform during their commute, that travel time may be considered part of the job.

Even if you were not performing active duties, the circumstances of the accident may influence whether coverage applies. A workers’ compensation attorney in New Jersey who understands the unique demands of public service roles can help you determine if your situation qualifies under state law.

Other Potential Claims Outside Workers’ Compensation

Even if your accident does not qualify under workers’ compensation, you may still have other legal options. If another driver’s negligence caused the crash, you can pursue a third-party personal injury claim to recover compensation for medical bills, lost wages, pain and suffering, and more.

Unlike workers’ compensation, which typically limits benefits to medical treatment and a portion of lost income, a third-party claim can include broader damages. That being said, the legal standards and deadlines for each type of case vary. Speaking with a workers’ compensation lawyer can help you understand whether both options are available and which path offers the best chance of a successful recovery.

The Importance of Timely Reporting and Documentation

Regardless of where the injury occurs, one of the most important steps is to report the incident as soon as possible. If you believe the injury may qualify under workers’ compensation, notify your employer right away and request a medical evaluation. Waiting too long may result in your claim being denied, even if you otherwise qualify.

Be sure to document the time, location, and circumstances of the accident thoroughly. Collect witness statements, take photos if possible, and retain all medical records and expenses. A workers’ compensation attorney can help gather and preserve this information to support your case.

Protecting Your Rights After a Work-Related Commute Injury

Commuting injuries fall into a legal gray area, but they can still result in serious physical and financial consequences. The Law Offices of Feeley & LaRocca works with injured workers across New Jersey to clarify their rights, investigate eligibility for workers’ compensation, and pursue the most effective course of action. If you’ve been injured on the job, whether as a public employee or private worker, contact us today to learn how we can help you recover and move forward with clarity.