Going and Coming rule Law & Legal Definition


Going and coming rule refers to a legal principle exempting an employee from the scope of employment for a tort committed while commuting to or from work. The principle also denies worker’s compensation benefits to an employee who has been injured while commuting to or from work.

The following is an example of a case law defining going and coming rule:

Going and coming rule states that an employee is not regarded as acting within the scope of his/her employment while going to or coming from his/her place of work. [McGovert v. United States, 2006 U.S. App. LEXIS 16998 (9th Cir. Cal. July 5, 2006)].