Legal Question in Workers Comp in North Carolina

Re: workers compensation for a police ooficer injured on his way to work

Under the "going and coming" rule, accidents as a result of hazards to which the general public is equally exposed - such as commuting accidents - are not generally compensated under workers' comp. If on duty or using an employer's vehicle, an exception might apply.

Re: workers compensation for a police ooficer injured on his way to work

The general rule is well-established; 'no'. Hpwever, a peace officier is a unique employee in that he is at no time without special responsibilities to the public.

These 'special responsibilities' offer an opportunity to claim that the police officer was 'on duty' at the time of the accident. Special circumstances may also be argued on the basis of the officer's behavior as as peace officer at the accident scene (before or after the accident).

These are not strong arguments, but you are welcome to discuss your case with me. Please set up an appointment by email or telephone, 914-576-0912 or 646-591-5786.

Re: workers compensation for a police ooficer injured on his way to work

The "Going & Coming Rule" will generally bar most of these types of cases; however, there are limited exceptions to the rule.

Be sure to file a Form 18 with the North Carolina Industrial Commission within 2 years of the date of injury to preserve any potential claim you may have. The NCIC number is (919) 807-2500. Good luck!