A. [§ 14.2] the Going and Coming Rule and the Home Office
Jurisdiction | Maryland |
A. [§ 14.2] The Going and Coming Rule and the Home Office
Whether the injury arises out of and in the course of employment may implicate the "going and coming" rule. That rule generally bars an award of workers' compensation benefits to an employee injured in a commute to or from work, because "getting to work is considered to be an employee's own responsibility and ordinarily does not involve advancing the employer's interest." Roberts v. Montgomery Cty., 436 Md. 591, 606, 84 A.3d 87 (2014).
The Court of Appeals recognizes four exceptions to the going and coming rule's bar to benefits:
[1.] [W]here the employer furnishes the employee free transportation to and from work, the employee is deemed to be on duty, and an injury sustained by the employee during such transportation arises out of and in the course of employment....
[2.] Compensation may also be properly awarded where the employee is injured while traveling along or across a public road between two portions of the employer's premises.
[3.] The "proximity" exception allows compensation for an injury sustained off-premises, but while the employee is exposed to a
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- I. [§ 14.1] Workers' Compensation
- A. [§ 14.2] the Going and Coming Rule and the Home Office
- A. [§ 14.2] Compensation Benefits
- B. [§ 14.3] Procedure
- C. [§ 14.4] Claims Against Third Parties
- D. [§ 14.5] Statutory Employer/Employment
- Ii. [§ 14.6] Workers' Compensation Appeal
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