Legal Question in Workers Comp in New York

Re: wokers comp

The answer is maybe. Where were you injured? Are you a stationary employee? What are your injuries?

Re: wokers comp

No. However, you may have a personal injury case against the city or private building owner or lessee. Did the accident occur yesterday? Please call and speak to a lawyer at 1(800)WE-FIGHT for a free consultation. Thank you for choosing our law firm.

Re: wokers comp

Maybe. Please call an experienced workers comp attorney. We have over 20 years experience helping injured workers.

Re: wokers comp

GENERALLY speaking, no, workers compensation does not cover injuries suffered either going to work or coming home from work; this is sometimes called the "coming and going rule"; however, there are EXCEPTIONS to the above rule, which is why the other responding attorneys correctly answered either no (in the most lkikely scenario going home from work) or "maybe" in the unlikely event that an exception is applicable here.

Your best bet may well be to see if you have a case for a PERSONAL INJURY lawsuit here as preceding responding attorneys recommended.

Further details may prove helpful to you and to others who read the answers on this website.

The decisive factor is that workers compensation ONLY covers injuries "arising out of and in the course of employment" and since neither going to the workplace nor returning home from the workplace are "in the course of employment", any injuries going to work or returning home from work are NOT generally covered by Workers Compensation, UNLESS, for example, you were still running an errand for your employer even while you were returning home, for example dropping off a parcel from your employer to a client, or purchasing supplies for the work place on your way home, as you were instructed by your employer. This could satisfy one of two exceptions to the "COMING AND GOING RULE", the

"DUAL PURPOSE" exception, where the traveling employee is traveling for BOTH personal reasons AND for business reasons; or, the above scenario could also fit the other exception to the "COMING AND GOING" rule, the "SPECIAL ERRAND" rule which applies to situations wherein the employee is injured while travelling to comply with the employer's specific request to, for example, stop off at an offcie supply store to purchase supplies for the emplyer, or stop off at the bank to make a deposit for the employer.