Insurance Curator Location focus: United States (spotlight on California, Texas & New York)
Workers’ compensation protects more than 135 million U.S. employees, but the moment an employee leaves home each morning becomes a legal minefield. Does the policy follow them on the freeway? What about employer-provided vans or quick detours to pick up office supplies?
This ultimate guide dissects the “going-and-coming” rule, state-specific quirks, real-world court cases, premium implications, and carrier pricing so you can plug costly coverage gaps before the next claim hits your payroll.
Table of Contents
- Why Most Commutes Are NOT Covered
- The “Going & Coming” Rule—Core Doctrine
- 7 Common Exceptions That Trigger Coverage
- Case Study: Zenith v. WCAB (Hernandez, 2025)
- State-by-State Hotspots (CA, TX, NY)
- Premium Impact: How Commute Risk Alters Rates
- Carrier Snapshot: Travelers vs. The Hartford vs. AmTrust
- Risk-Reduction Checklist for Employers
- Frequently Asked Questions
- Final Takeaways & Next Steps
1. Why Most Commutes Are NOT Covered
The majority of workers’ compensation statutes kick in only when the employee is “in the course and scope” of employment. Routine travel between home and the designated worksite generally fails this test because:
- The employer receives no direct benefit from the commute.
- Hazards faced (traffic, weather, distracted drivers) are shared by the general public.
- Employers lack control over the route, timing, and conditions.
The legal shorthand for this default position is the going-and-coming rule, which we tackle next.
2. The “Going & Coming” Rule—Core Doctrine
Originating in early 20th-century case law, the rule states:
“Injuries sustained while the employee is traveling to or from the place of employment are outside the course of employment and therefore non-compensable.”
Modern courts still apply the doctrine, but nine main exceptions punch holes in it, creating the gray areas employers struggle with.
Source: LegalClarity summary of 2025 jurisprudence (legalclarity.org)
3. 7 Common Exceptions That Trigger Coverage
Below are the exceptions most frequently litigated. Understanding them is vital to predicting whether a commute-related injury will hit your loss history.
| # | Exception | When It Applies | Practical Example |
|---|---|---|---|
| 1 | Premises Rule | Accident occurs on property the employer owns, leases, or controls | Slip-and-fall in company garage before clock-in |
| 2 | Employer-Provided Transport | Company car, shuttle, or vanpool arranged by employer | Tech firm’s shuttle crashes en route |
| 3 | Special Mission / Errand | Commute doubles as an employer-requested task | Manager asked to deposit checks on way home |
| 4 | Dual-Purpose | Trip benefits both employer and employee | Sales rep detours to prospect’s office before heading in |
| 5 | Traveling Employee | Job requires continuous travel (e.g., field adjuster) | Adjuster injured between client visits |
| 6 | Hazardous Route Imposed | Employer dictates a route with unique dangers | Oil-field crew required to take unpaved access road |
| 7 | Work-From-Home Boundary | Injury on way to off-site meeting from home office | Remote worker falls while loading samples into car |
In Katz, Leidman, Freund & Herman’s New York litigation round-up, these seven exceptions accounted for 83 % of commute claims that were ultimately deemed compensable in 2024 (nyworkerscompensation.net).
3.1 Premises Rule Nuances
• Coverage often begins the moment an employee enters an employer-controlled parking lot, even if the lot is a block away from the building.
• Courts scrutinize ownership and control—simply subsidizing parking may not be enough.
3.2 Employer-Provided Transportation
• If the employer requires the transport or heavily subsidizes it, liability expands.
• Voluntary carpools generally do not trigger the exception unless the employer exerts control.
3.3 Dual-Purpose & Special Mission
• Documentation matters: e-mails assigning after-hours errands have swayed many boards toward compensability.
4. Case Study: Zenith v. WCAB (Hernandez, 2025)
Facts: Farm laborer Javier Hernandez was injured in a vanpool 60 miles from the fields. The WCAB initially ruled for coverage under special-risk and dual-purpose theories.
Appeals Court Holding: Reversed—no coverage. The court narrowed both exceptions, holding that (1) risk must be unique to employment and proximate to the workplace, and (2) no work task was being performed.
Key takeaway for employers: Even employer‐facilitated vanpools may not guarantee coverage unless a clear business purpose exists. (sullivanoncomp.com)
5. State-by-State Hotspots
5.1 California
- Pure-premium advisory rate: $1.38 per $100 payroll (2024); set to rise to $1.52 on 9/1/2025 (insurance.ca.gov)
- TTD maximum (2026): $1,764.11/week (dir.ca.gov)
- Courts are employee-friendly but Zenith v. WCAB shows a recent tightening on commute exceptions.
5.2 Texas
- Average Hartford premium: $576/year for micro-businesses, lowest in the nation (thehartford.com)
- TIBs maximum (FY 2026): $1,271/week (tdi.texas.gov)
- Texas allows most private employers to opt out, so carriers may exclude commute risks more aggressively.
5.3 New York
- No numeric rate uniformity (independent bureau). Courts routinely apply premises and special-mission exceptions, making urban parking-lot injuries high-risk.
6. Premium Impact: How Commute Risk Alters Rates
Premiums are calculated as:
Class Code Rate × (Payroll ÷ 100) × Experience Mod = Base Premium (travelers.com)
Commute claims inflate the experience modification factor (e-mod) for three policy years. A single $75,000 commute loss can shift an e-mod from 0.90 → 1.20, spiking premiums 33 % or more on renewal.
6.1 Average Issued Premiums by State (The Hartford Book – 2026)
| State | Avg. Issued Premium | Commute-Friendly Exceptions?* |
|---|---|---|
| California | $1,600 | Moderate |
| Texas | $576 | Narrow (opt-out state) |
| New York | $998 | Broad |
| Connecticut | $1,555 | Broad |
| Florida | $1,149 | Moderate |
*Based on frequency of judicially accepted exceptions, 2023-2025. (thehartford.com)
7. Carrier Snapshot: Travelers vs. The Hartford vs. AmTrust
| Feature | Travelers | The Hartford | AmTrust |
|---|---|---|---|
| Typical Small-Biz Annual Premium | $4,500 for 10-person retail example (travelers.com) | $1,041 – $1,600 depending on state (thehartford.com) | Targets policies under $5,000 (amtrustfinancial.com) |
| Pay-as-you-go Billing | TravPay (no down payment) (travelers.com) | Payroll sync via ‘XactPAY’ | Offered via multiple payroll partners |
| Commute Coverage Endorsements | Manual add-on; rating credit if telematics used | Premises Hazard Extension available | Limited; focused on low-hazard classes |
| Appetite in CA | Select accounts; tight underwriting due to wildfire CAT risks | Broad appetite in tech, healthcare | Prefers retail, restaurants |
| Claims Tech | Mobile-first FNOL, nurse triage 24/7 | AI-assisted claim routing | Agent-centric portal |
Tip: Request quotes from at least two of the three carriers above for leverage; even a 0.05 e-mod swing can shave thousands off premiums in California.
8. Risk-Reduction Checklist for Employers
Slash commute exposure and your premiums will follow:
- Offer Remote/Hybrid Work. Fewer commute miles = lower frequency.
- Implement Staggered Shifts. Reduces rush-hour collision risk by ~18 % (NHTSA analysis).
- Subsidize Public Transit Instead of Carpools. Maintains going-and-coming protection.
- Audit Parking Lots. Extend lighting & security to toughen premises defense.
- Formalize Special-Mission Policies. Written authorizations clarify when coverage begins.
- Explore Telematics Discounts. Some carriers credit 5-10 % for monitored company vehicles.
9. Frequently Asked Questions
Q1. If an employee stops for coffee and gets injured, is it covered?
Usually no—detour is personal, breaking nexus to employment. Exception: if picking up coffee for a client meeting (dual-purpose).
Q2. Do gig drivers (e.g., food delivery) have commute coverage?
Because the commute is the job, many states treat the entire driving period as covered once they log in.
Q3. What about injuries in employer-owned parking structures?
Premises rule often applies; coverage likely attaches even before clock-in.
For deeper benefit calculations, see our guide on Calculating Average Weekly Wage: The Backbone of Workers' Compensation Insurance Benefits.
10. Final Takeaways & Next Steps
- Default: Commutes are excluded.
- Reality: Seven exceptions routinely flip that outcome.
- Financial Stakes: A single covered commute loss can raise premiums 30 %+.
- Action Plan: Tighten policies, audit transportation perks, and compare carriers annually.
Continue building your expertise with these related deep dives:
- Coverage Gaps You Didn’t Know Existed in Workers' Compensation Insurance Policies
- Alcohol, Drugs & Horseplay: Common Reasons Workers' Compensation Insurance Denies Claims
- Mental Health Claims: PTSD and Stress Under Workers' Compensation Insurance
Want a personalized quote or a commute-risk audit? Contact our independent broker team today and protect your business before the next rush-hour accident strikes.
