NAVIGATING THE “COMING AND GOING” RULE IN IOWA WORKERS’ COMPENSATION

In Iowa, the "coming and going" rule traditionally holds that injuries sustained by employees while traveling to and from work are not compensable under workers' compensation.  This rule is grounded in the principle that the commute to and from the workplace is not considered to be within the course of employment or arising out of employment.  Otto v. Independent School Dist., 23 N.W.2d 915, 916 (1946).  However, there are several significant exceptions to this general rule where injuries incurred during travel may still be deemed compensable.

One notable exception is the "special errand" rule.  If an employee is sent by the employer on a specific errand or task that benefits the employer and an injury occurs while traveling to or from that errand, the injury may be compensable. Pribyl v. Standard Electric Co., 67 N.W.2d 438, 443 (1954).  The "dual-purpose" rule is another exception, where injuries sustained during a trip that serves both business and personal purposes can be compensable if the business aspect is of sufficient substance to be viewed as an integral part of the service.  Golay v. Keister Lumber Co., 175 N.W. 385, 388-89 (Iowa 1970).

The "traveling employee" exception extends coverage to employees whose duties require them to travel.  In these cases, injuries occurring during the entire period of travel related to the employer’s business may be considered as having occurred in the course of their employment.  Walker v. Speeder Mach. Corp., 213 Iowa 1134, 240 N.W. 725 (1932).  However, if the employees deviate significantly from the work-related travel, such as making personal detours, the injuries may not be covered.  Id. 

Injuries occurring while using employer-supplied transportation are also generally covered.  This may apply even if the injuries occur during the commute to or from work.  Waterhouse Water Conditioning, Inc. v. Waterhouse, 561 N.W.2d 55 (Iowa 1997).

The "Zone of Protection" in Iowa extends to injuries in areas closely associated with the employer's premises, such as parking lots and nearby public areas, if the employer has some level of control over these areas.  Frost v. S.S. Kresge Co., 299 N.W.2d 646 (1980).  For example, an injury occurring in the employer’s parking lot will generally be considered within the “Zone of Protection” and thus may be considered an exception to the general “coming and going” rule.

If you have questions about the “coming and going” rule or any other questions regarding Nebraska Workers’ Compensation, please reach out to Paul Barta or Adam Barrett at (402) 475-1075.