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The 'Going and Coming' Rule

Under the “going and coming rule,” an accident that occurs off the employer's premises while an employee is going to or coming from work does not arise out of and in the course of employment. An employee's trip to and from work is a product of one's decision where to live, in which the employer has no interest. An injury that occurs while traveling to and from work is a consequence of risks or hazards to which all members of the traveling public are exposed. Those risks are not germane to the employer's work or business.

However, a traveling employee whose work involves travel away from the employer's premises is considered to be within the scope of employment, unless there is a distinct deviation so substantial that the employee abandons the job. A deviation may occur when an employee engages in a personal activity.

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