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

Under Nebraska workers' compensation law, the traditional "coming and going" rule holds that injuries sustained by employees while traveling to and from work are generally not compensable.  This rule is based on the idea that the commute itself is not considered to arise out of or to be in the course of employment.  Despite this general rule, several exceptions in Nebraska law can render a commuting injury compensable.

Notable exceptions include the "commercial traveler" rule, where employees required to travel as part of their job are considered to be in the course of employment throughout their trip.  Torres v. Aulick Leasing, Inc.

Injuries occurring in employer-supplied transportation or while retrieving necessary items can also be compensable if the trips are essential to job performance.  Parks v. Marsden Bldg. Maintenance, L.L.C., 19 Neb. App. 762, 811 N.W.2d 306 (2012).

Generally, once an employee is on the employer’s premises, the employee is considered to be in the course of his or her employment.  Furthermore, injuries sustained in employer-provided parking lots may be compensable, even if they occur before or after clocking in or out.  Buck v. Iowa Beef Processors Inc., 198 Neb. 125, 251 N.W.2d 875 (1977).  Additionally, injuries in parking lots not owned by the employer but used by employees could be compensable if the employer facilitated access to these lots.  La Croix v. Omaha Public Schools, 254 Neb. 1014, 582 N.W.2d 283 (1998).  Lastly, injuries occurring while crossing public streets to get to work may be deemed compensable if the employer’s actions created a hazard.  Coffey v. Waldinger Corp., 11 Neb. App. 293, 649 N.W.2d 197 (2002).

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 Micah Hawker-Boehnke at (402) 475-1075.