When your job takes you on the road, the law should travel with you
Not every workday happens inside a single building. New Jersey workers install, deliver, inspect, sell, supervise, repair, care for, and consult across counties—often across state lines. When injuries happen off-site or in transit—on a jobsite, between client locations, in a company car, at a hotel on business, or walking from an employer-designated parking lot—the rules can feel confusing. Carriers sometimes deny these claims with a quick phrase: “going and coming rule.” But that’s not the end of the story. New Jersey law recognizes broad exceptions that protect workers whose duties reasonably require travel or presence away from the primary workplace.
At Shebell & Shebell, we’ve spent decades helping traveling employees, route drivers, technicians, healthcare workers, sales reps, and on-call staff get the medical care, wage checks, and permanency they deserve. We start with simple truths: tell the full story, anchor it in evidence, and move fast to keep treatment on track. If a carrier tries to shut the door with boilerplate, we open it with facts, law, and relentless advocacy.
The starting point: “arising out of” and “in the course of” employment
Every New Jersey workers’ compensation case begins with the same question: did the injury arise out of and occur in the course of employment? For off-site and traveling workers, that analysis focuses on why you were there, what you were doing, and how the travel or location served the employer’s business. You don’t have to be on a factory floor to be covered; you have to be working—and that can include a wide range of travel-related activities.
The “going and coming rule” (and why it’s not the last word)
As a general rule, injuries during a routine commute to and from a fixed worksite are not compensable. But most off-site and traveling employee cases fall into well-recognized exceptions that bring the claim back into coverage. Insurers often cite the rule without analyzing the facts. We do the opposite—dig into the details that tie your travel to the employer’s interests.
Key exceptions and doctrines that protect traveling workers
1) The Special Mission / Special Errand exception
If the employer asks you to perform a specific task outside normal hours or locations—pick up materials before your shift, deliver paperwork, meet a client after hours, attend an unexpected site visit—you’re on a special mission. Injuries “going to” or “returning from” that mission can be covered because the travel served the employer’s directive.
Practical example: A supervisor texts a technician at 6 a.m. to grab parts in Newark before heading to a Monmouth County job. A crash en route to the parts warehouse may still be in the course of employment.
2) The Traveling Employee doctrine
If your job regularly requires travel—route drivers, home-health nurses, sales reps, field adjusters, tradespeople who go site-to-site—you’re typically considered a traveling employee while on the road between work locations. Meal and lodging incidents while on an overnight assignment can also be covered when they’re reasonably incidental to the business trip.
Covered scenarios often include:
- Slip and fall in a hotel hallway while on a multi-day install
- Car crash driving from one patient visit to the next
- Trip on uneven pavement while carrying tools from van to client’s building
3) Employer-controlled or designated parking areas
Injuries in employer-provided or designated parking areas often occur within the course of employment, especially when the employer controls or benefits from the lot. The walk between the lot and the work entrance can be covered when it’s part of the ingress/egress the employer contemplates.
4) The Dual Purpose doctrine
If a trip serves both personal and business purposes, it can still be compensable when the business purpose is substantial and would have prompted the trip even without the personal element.
Example: A salesperson schedules a client call in Freehold on the way to pick up a child from school. A crash en route to the client can still be covered if the work meeting was a real purpose of the trip, not an afterthought.
5) Personal Comfort doctrine (on the road)
Traveling workers, like all workers, are allowed human necessities: bathroom breaks, meals, brief hydration stops. Reasonable deviations for these needs typically remain in the course of employment. A slip on a wet floor at a rest stop during a route may still be compensable.
6) Employer-provided vehicles & travel pay
Use of a company vehicle, payment of mileage, per diem, or travel time usually strengthens the connection between travel and work. It’s not automatic coverage, but it’s strong evidence that travel is part of the job.
7) On-call and emergency call-outs
When you’re on call and summoned to a site, injuries during that response can be covered—the trip is driven by the employer’s immediate need.
What isn’t covered? True personal deviations
Coverage can pause during significant personal detours—for example, leaving the jobsite mid-shift for a non-work errand far off the route. But even then, once you re-enter the work path or resume business activities, coverage typically resumes. Carriers love to label reasonable actions as “deviations”; we push back with context, timing, and purpose.
Common traveling worker scenarios (and how we handle them)
Company car crash between calls
We lock down the route, calendar, CRM entries, call sheets, and supervisor communications to show the day’s work cadence. We gather police reports, dashcam or telematics data, and witness statements. Medical care is authorized through comp; if a third party caused the crash, we simultaneously pursue a civil injury claim for pain and suffering (coordinating any comp lien).
Hotel injury on overnight job
We document the business assignment, booking confirmations, per diem policies, and employer travel expectations. A fall on unsafe stairs, scald from a faulty shower valve, or trip over worn carpet can be compensable under comp; it may also support a premises liability claim against the hotel (again, coordinating the comp lien).
Fall carrying tools to a client’s entrance
We collect job tickets, site access emails, and the tool manifest to prove you were acting in service of the employer. Photos of defects, security logs, and facilities work orders help, too.
Injury in employer-designated parking
We determine who controls the lot; we map the ingress route and lighting conditions; we obtain maintenance logs and incident reports. Snow/ice claims often involve contractor records—we subpoena them.
Rideshare and delivery drivers (complex employment relationships)
Some drivers are treated as independent contractors. We investigate control (dispatch, rates, deactivation, required equipment, uniform) and may still succeed in comp through employment or special employer/borrowed servant arguments. Meanwhile, third-party cases against negligent drivers remain available.
Evidence that wins off-site claims
- Why you were there: work orders, schedules, dispatch logs, EHR/visit logs (for healthcare), calendar invites, CRM entries, per diem/travel approvals
- How you got there: GPS/telematics, company car assignment, mileage records, tolls/receipts
- What happened: police report, witness names, surveillance, dashcam, photos of scene/defect/equipment
- Employer connection: policies on travel, on-call, parking, vehicle use; supervisor texts/emails; proof of reimbursement or paid travel time
- Medical proof: immediate complaints, ER records, imaging, specialist referrals, and consistent follow-up
We don’t wait for documents to drift in—we chase them, preserve them, and file motions if the carrier plays keep-away.
Medical treatment, doctor choice, and keeping care moving
In New Jersey, the employer (through its insurer) generally designates the treating doctor. That doesn’t mean you must accept stalled or inadequate care. If you need diagnostics, specialist consults, or surgery and the carrier drags its feet, we file motions for medical and temporary benefits to force action. If the designated doctor isn’t addressing your condition, we seek a change of physician backed by objective need.
Your job: be specific, show up, and tell the truth. Bring a short list of symptoms, functional limits, and medication effects. If therapy worsens pain, say so. We’ll translate lived experience into a record the judge can rely on.
Wage benefits while you recover (TTD, partial, AWW math)
If your authorized doctor takes you out of work due to the injury, you’re generally entitled to Temporary Total Disability (TTD)—typically 70% of your Average Weekly Wage (AWW) within statutory caps—while you receive authorized treatment. If you return to light duty at lower pay, partial wage benefits may help close the gap.
For traveling employees, AWW calculations can be tricky: regular overtime, shift differentials, per-route incentives, and sometimes per diem issues. We audit the numbers meticulously, because small weekly errors can compound into thousands of dollars.
Light duty and safe return-to-work for traveling jobs
Light duty must honor medical restrictions. For mobile roles, that often means no driving, no lifting over X lbs, no overhead work, limited standing/walking, or no exposure to certain environments. If the employer’s proposed light duty requires tasks outside your restrictions—or isn’t real (no actual assignment, just a paycheck reduction)—we intervene and seek restoration of proper benefits.
Permanent disability (PPD/PTD) after off-site injuries
When treatment ends and you reach Maximum Medical Improvement (MMI), we evaluate Permanent Partial Disability (PPD)—the lasting loss of function. If combined impairments from the injury prevent gainful employment, we pursue Permanent Total Disability (PTD) and assess eligibility for New Jersey’s Second Injury Fund when prior conditions combine with the new injury to keep you out of the workforce. For route drivers and tradespeople, restrictions on sitting tolerance, driving, lifting, and overhead/repetitive use can have outsized vocational impact; we use vocational experts to show the reality of employability.
Third-party claims: maximizing recovery beyond comp
Workers’ comp pays medical and wage benefits but not pain and suffering. If a third party contributed—another driver, a negligent property owner, a subcontractor, or a product manufacturer—we pursue a civil claim for full damages. Two keys:
- We coordinate the comp lien carefully to maximize your net.
- Your immigration status or part-time schedule does not automatically defeat either claim.
Multi-state travel: where do we file?
Travelers often cross borders. Jurisdiction and choice of law can hinge on where the employment is localized, where the contract of hire was made, and where the injury occurred. We analyze these factors to choose the forum that best protects you—often New Jersey when your job is based here or your employer is headquartered here, even if the incident occurred elsewhere.
Common carrier tactics—and our answers
“Going and coming—denied.”
We show a special mission, traveling-employee status, employer-designated parking, paid travel time, or dual-purpose business justification.
“Personal deviation.”
We map the route, timeline, and communications to show your action was reasonable and incidental to work; coverage resumes when you re-enter the work path.
“Independent contractor—no comp.”
We examine control factors and, where appropriate, assert employment, special employer, or borrowed servant arguments.
“Light duty available—checks stop.”
Not if the assignment violates restrictions or is a sham. We seek restored TTD or partial benefits and a proper plan.
“No medical authorization—wait.”
We don’t wait. We file motions with objective proof and get orders for diagnostics, consults, and procedures.
How we prepare you to testify (and earn credibility)
- Tell the route: times, stops, who you saw, what you carried, where you parked—simple, grounded detail.
- Explain purpose: why you were there for the employer; who sent you; what the work demanded.
- Own the human parts: if you grabbed coffee or used a restroom—say so; minor personal comfort is normal and often covered.
- Describe function: walking and standing tolerances, driving limits, lifting, stairs, night pain, concentration—before vs. after.
- No exaggeration: good days happen; admitting them strengthens trust.
Judges value straight talk. We practice with you so the truth comes through cleanly.
Practical checklist after an off-site or travel injury
- Call for help and report promptly. Ask for a copy of the incident or police report if available.
- Document the scene. Photos of hazards, lighting, weather, vehicle damage, or hotel defects.
- List witnesses and supervisors you notified; save texts/emails/dispatch messages.
- Keep receipts/logs (tolls, parking, hotel, mileage) that show you were on the job.
- Seek medical care and describe how the injury happened (jobsite, in transit, hotel while on assignment).
- Call us early. We preserve evidence, push authorizations, and coordinate comp with any third-party claim.
Hurt While Traveling for Work? Let’s Prove It and Get Your Benefits Moving
If you were injured between job sites, in an employer-designated lot, at a hotel on assignment, or while answering a special mission/on-call request, don’t let an insurer hide behind the “going and coming” rule. We’ll reconstruct your route, lock down dispatch logs, GPS/telematics, parking or hotel records, and witness statements, and file motions for medical care and TTD so treatment and checks start promptly. If a third party (driver, property owner, subcontractor) contributed, we’ll run the civil claim in parallel and calculate your AWW correctly (including overtime and travel pay) to maximize recovery.
Contact us for a free case map today—we’ll tell you exactly which exception fits (traveling employee, special errand, dual-purpose, personal comfort) and what evidence to preserve now.
FAQs: Off-Site & Traveling Employee Injuries (NJ)
Does the “going and coming” rule kill my claim if I was driving?
Not necessarily. If you were on a special mission, traveling between job sites, responding while on-call, using employer-designated parking, or otherwise traveling as part of your job, recognized exceptions may apply.
Am I covered if I was staying in a hotel for work and slipped in the hallway?
Often yes. During overnight work assignments, reasonable activities like walking to your room or to breakfast can be considered incidental to employment and therefore compensable.
What if I stopped for a bathroom break or coffee on my route?
Brief personal comfort breaks usually do not break coverage for traveling employees, especially when you resume the route immediately afterward.
Can I have both a workers’ comp case and a car crash lawsuit?
Yes. Workers’ compensation covers medical care and wage benefits, while a third-party claim can pursue pain and suffering and full damages. Both can be coordinated to protect your net recovery.
I drive my own car between visits. Does that matter?
Using your own vehicle does not defeat coverage if the travel serves the employer’s business. Mileage reimbursement, paid travel time, and structured schedules help establish that connection.
What if the insurer says I’m an independent contractor?
Labels are not controlling. Coverage depends on control factors like dispatching, pay structure, equipment, and discipline. Many “contractors” qualify as employees under comp law or fall under borrowed-servant or special-employer doctrines.
I parked in the garage the company told us to use and fell on the stairs—covered?
Often yes, especially when the employer designates or controls the parking area or your use of it is part of the employment arrangement.
