Massachusetts Commuting Injury Rules

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Summary

In Massachusetts, the going and coming rule generally exempts employers from liability for injuries sustained during an employees commute. However, exceptions exist, such as when an employee is on a special mission for the employer. For employees classified under code 8835, like home health aides, commuting may be considered part of their job duties, making accidents during commutes compensable. Consult a local attorney for personalized advice and review Massachusetts case law for more information.

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My workers compensation carrier has determined that because of the employee class code * that an automobile accident when traveling home after a shift is compensable.
In Massachusetts, the "going and coming" rule is typically as follows:
- Employers are not liable for injuries sustained while commuting.
- Exceptions exist, like if the worker is on a special mission for the employer.
- For the class code *, it seems your insurer considers commuting a part of the work.
Consider consulting a local attorney for personalized advice.
Our insurer is justifying their decision because the employee commutes to a home to provide services and therefore considers them a traveling employee. If they were working in a facility then the accident would not be part of their job.
In Massachusetts, for "traveling employees" like home health aides (class code *), the commute can be considered part of job duties. This means the insurer could deem accidents during commutes compensable. It's advised to consult a local attorney for detailed advice.
Are there any cases that I could review of a similar nature
I'm unable to provide specific case references. However, you may want to look into Massachusetts case law involving "traveling employees" and workers' compensation. A local attorney or law library could be of help. Please note, interpretation of law can vary case by case.