Boston Workers Compensation Lawyer Blog
In re Kelbe’s Case, the Appeals Court of Massachusetts presented a decision that provides an adequate summary of the “going and coming” rule in worker’s compensation cases, which generally disallows monetary recovery for injured employees. The court’s opinion began with a review of the general rule, which states that workers’ compensation is not usually available to compensate employees who are injured during the course of travel to and from work. However, injuries that occur on the employer’s premises are compensable, as are injuries that occur where the employer owns the right of passage, such as a parking garage. Other exceptions to this general rule include, when the employee’s regular duties involved traveling away from the employer’s premises; when the accident occurred the employee was traveling home from an off-site work-related meeting or social event for the employer; or when the vehicle the employee was in at the time of the accident was provided by the employer for the employee’s travel. Continue reading
