What Is the Going and Coming Rule?

April 3, 2025

If you suffer an injury that is related to your employment duties, you may assume that your job’s Workers’ Compensation benefits would cover your medical expenses and lost wages. In most cases, you would be right—however, the Maryland law known as the “Going and Coming Rule” can affect your claim’s status and even outright prevent you from claiming compensation. Let our Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton tell you what you need to know about this important exception.

How Does the Going and Coming Rule Affect Your Workers’ Compensation Claim?

The “Going and Coming Rule” bars employees from obtaining Workers’ Compensation benefits for injuries that they sustained during their commute. The law does not typically consider your daily commute as part of your work duties, which means that you will have difficulty holding your employer responsible for accidents that occur before you arrive or after you leave.

However, as with most parts of the law, there are exceptions to the “Going and Coming Rule.” For instance, if your job requires you to travel as part of your duties, you may still be eligible for benefits. Similarly, if you sustained your injury during an errand during work hours, you could argue that your travel was work-related and, therefore, eligible for benefits.

Additionally, if you have no fixed work location and perform your job duties in different places rather than in a single office or job site, the law considers your travel as an inherent part of your employment. If your employer requires you to use a company vehicle or reimburses your travel expenses, Workers’ Compensation may still cover an accident during your commute. And if your job requires you to be on call and respond to emergencies outside of regular business hours, you may be able to claim compensation for an injury during a commute to a work-related emergency.

What Should You Do if Your Workers’ Compensation Claim Is Denied?

If your workplace denies your claim because of the “Going and Coming Rule,” you do not necessarily have to give up on collecting payment for your accident. Many insurance agencies perform incomplete or inadequate assessments of the circumstances surrounding your injury. If you want to appeal the claims decision, gather evidence that establishes your job duties, employer requirements, and the location of the accident. An experienced Workers’ Compensation lawyer can evaluate whether your case falls within an exception to the “Going and Coming Rule” and help you challenge a denial if so.

Navigate Maryland’s Workers’ Compensation Laws with the Help of the Seasoned Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton

If an insurance agency wrongfully denies your Maryland Workers’ Compensation claim, trust the Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton to provide you with experienced legal guidance, dedicated advocacy, and a personalized case. Call us at 800-547-4LAW (4529) or contact us online for a free consultation.

We have offices in Baltimore and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.