If you were hurt in a car accident on the way to work, your first question is probably: does workers' compensation cover this? In most cases under Missouri law, the answer is no — but the exceptions are significant, and the facts of your situation determine whether one applies.
This article explains Missouri's going and coming rule, the recognized exceptions that can override it, and what steps to take if you were injured during a commute or work-related drive.
The short answer
A routine commute — driving from home to your regular workplace — is generally not covered by workers' compensation in Missouri. But if you were running an errand for your employer, driving a company vehicle, traveling between job sites, or performing any work-related task during that trip, one of the recognized exceptions to the going and coming rule may apply. The specific facts of what you were doing when the accident happened are what matter most.
What Is Missouri Workers' Compensation?
Workers' compensation in Missouri is a state-mandated insurance system that provides wage replacement and medical benefits to employees who suffer work-related injuries or occupational illnesses. The system is no-fault: you don't have to prove your employer was negligent to qualify — only that the injury arose out of and in the course of your employment.
Most Missouri employers are required by law to carry workers' comp insurance. The Missouri Division of Workers' Compensation administers the system, handles disputed claims, and oversees the administrative hearing process. The coverage requirements and definitions of compensable injuries are governed by RSMo Chapter 287.
For an injury to qualify for workers' comp, it must arise "out of and in the course of employment" under RSMo § 287.020. This is the provision that gives rise to the going and coming rule — and the exceptions to it.
The Going and Coming Rule in Missouri
Missouri follows the going and coming rule, which provides that injuries sustained while an employee is traveling to or from their regular place of work are generally not covered by workers' compensation. The rationale is that during a routine commute, an employee is not yet under the employer's control and is not performing job duties — the commute is a personal activity, not an employment activity.
This rule has practical consequences. If you slip on ice in the parking lot of your own home while walking to your car, that is not covered. If you're rear-ended on the highway during your standard morning drive, that is not covered — at least not under workers' comp (you would still have a potential personal injury claim against the at-fault driver).
The going and coming rule eliminates a large category of potential claims, and insurance carriers rely on it heavily as a basis for denial. But the rule has significant exceptions, and Missouri courts have developed a body of case law interpreting them.
Exceptions to the Going and Coming Rule
Several recognized exceptions can bring a commuting injury within the scope of workers' compensation coverage. Whether one applies depends on the specific facts — what you were doing, what your employer knew, what vehicle you were driving, and what your job duties normally require.
The Special Errand (or Special Mission) Exception
If your employer asks you to perform a work-related task during what would otherwise be a routine commute — picking up supplies, delivering documents, stopping at a client's location — that trip takes on a dual character. Missouri courts have held that when an employee is on a special errand for the employer, the entire trip may fall within the scope of employment. The key is that the errand was requested or required by the employer, not something you decided to do on your own.
The Employer-Provided Transportation Exception
When an employer provides transportation — a company vehicle, a fleet truck, a van service — and the employee uses it for commuting or work-related travel, injuries during that transportation may be covered. The employer's control over the vehicle brings the trip within the scope of employment. This exception applies even if the vehicle is used for some personal errands, provided the primary use is job-related. Employees who take a company car home and then drive it to the job site each morning are often covered under this exception.
The Traveling Employee Exception
Workers whose jobs require them to travel — field technicians, sales representatives, delivery drivers, construction workers who rotate between job sites — are often covered for injuries sustained while traveling during work hours. For these employees, the travel itself is part of the job. They are considered to be in the scope of employment from the time they leave their home or last job site until they return. A plumber who drives between service calls and is injured in transit is generally covered; a plumber who is driving from home to the first call of the day may or may not be, depending on the specifics.
The Dual-Purpose Trip Exception
If a trip serves both a personal purpose and a legitimate business purpose, and the business purpose alone would have necessitated the trip, the entire trip may be covered under workers' comp. This exception is more complex and fact-specific than the others. Missouri courts look at whether the business reason was the primary driver of the trip or merely incidental to a personal errand. If you were required to attend a training on your way into work and were injured en route, there's a reasonable argument the trip was work-related even if it followed your usual commute path.
What to Do If You Were Injured During a Commute or Work-Related Drive
Whether or not an exception to the going and coming rule applies to your situation, the steps you take immediately after the accident matter significantly for any future claim.
1
Get medical attention right away
Your health is the priority. In Missouri, workers' comp generally requires you to see a physician authorized by your employer's insurance carrier for treatment to be covered. If you're unsure whether workers' comp applies, get treated immediately and sort out the coverage question afterward. Tell the treating provider the injury may be work-related.
2
Report the injury to your employer promptly
Missouri law requires you to report a work injury to your employer. Under RSMo § 287.420, you must give written notice within 30 days of the injury (or discovery), and claims must be filed within two years. Delays in reporting can give the insurance carrier a basis to deny the claim. Report even if you're not certain workers' comp applies — your employer's insurer can evaluate the facts.
3
Document everything
Photograph the accident scene, your injuries, and any vehicles involved. Preserve any communications showing that you were on an errand your employer requested, were driving a company vehicle, or were traveling between job sites. Text messages, emails, work orders, and dispatching records can all be critical in establishing that a going and coming exception applies.
4
Consider whether a personal injury claim also applies
Even if workers' comp doesn't cover your commuting injury, you may have a personal injury claim against the at-fault driver. Missouri follows a pure comparative fault rule, which means you can recover even if you share some of the blame. A personal injury claim allows for pain and suffering damages that workers' comp does not cover. The two claims can sometimes coexist, so don't assume one forecloses the other.
5
Speak with an attorney before assuming you have no claim
Insurance carriers routinely deny commuting injury claims based on the going and coming rule without analyzing whether an exception applies. If any of the exceptions described above could fit your situation — you were on an errand, driving a company car, traveling between sites — a workers' compensation attorney can assess the facts and challenge a denial. Many injured workers give up valid claims because they accept an initial denial without further review.
How the Going and Coming Rule Plays Out in Practice
Claims involving commuting injuries are among the most frequently disputed in Missouri workers' compensation. Insurance carriers know the rule well and often deny these claims as a first response, regardless of whether an exception might apply. The burden falls on the injured worker to establish that their injury arose out of and in the course of employment — and that burden is real.
Before working as a plaintiff's attorney, Chris Miller served as a government attorney at Missouri's Division of Workers' Compensation — the administrative body where disputed claims are heard. He knows how the Division analyzes these cases because he worked inside the system. That background informs how Bur Oak Legal evaluates commuting injury claims and builds arguments for the exceptions that can make them compensable.
The analysis is always fact-specific. Two employees who work for the same company and are injured during what looks like a similar commute may have very different outcomes depending on what each was doing, what their employer required of them, and what documentation exists to support the claim.
Not sure whether your commuting injury qualifies?
Chris Miller has handled workers' compensation claims across central Missouri since 2012 — and he worked inside the Missouri Division of Workers' Compensation before entering private practice. He'll give you a straight answer about whether your situation falls under an exception, with no pressure and no fee unless you recover. Free consultation.
Talk to Chris →
Frequently Asked Questions
Does workers' comp cover injuries while driving to work in Missouri?
Generally no. Missouri's going and coming rule excludes injuries sustained during an ordinary commute from workers' compensation coverage. The reasoning is that employees are not acting in the scope of employment during a routine drive to or from work. However, several recognized exceptions can apply — including the special errand exception, the employer-provided vehicle exception, and the traveling employee exception. Whether one of these exceptions covers your situation depends on the specific facts of your case.
What is the going and coming rule in Missouri workers' comp?
The going and coming rule is a principle in Missouri workers' compensation law that generally bars coverage for injuries sustained while an employee is traveling to or from their regular place of work. The rule is based on the idea that a routine commute is not part of the employer's work — the employee is not yet under the employer's control and is not performing job duties. The rule arises from the scope of employment requirements under
RSMo § 287.020.
What exceptions apply to the going and coming rule in Missouri?
Missouri recognizes several exceptions: (1) The special errand exception — if your employer asks you to run a work-related errand during your commute, the trip may be covered; (2) The employer-provided vehicle exception — if you're driving a company car for job purposes, injuries during that commute are generally covered; (3) The traveling employee exception — workers whose jobs require regular travel between locations are typically covered for all work-related travel; (4) The dual-purpose trip exception — if a trip serves both a personal and business purpose and the business purpose alone would have required the trip, coverage may apply.
What should I do if I was injured in a car accident on the way to work?
Get medical attention immediately. Then report the injury to your employer as soon as possible. Document everything — photos, communications, records of what you were doing and why. If there's any possibility that a going and coming exception applies to your situation, speak with a workers' compensation attorney before assuming you have no claim. Insurance carriers routinely issue initial denials without fully analyzing whether an exception fits the facts.
Can I still recover compensation even if workers' comp doesn't cover my commute injury?
Yes. If workers' comp doesn't apply, you may still have a personal injury claim against the at-fault driver. Unlike workers' comp, a personal injury claim allows you to recover for pain and suffering, full lost wages, and other damages. Missouri follows a pure comparative fault rule, which means you can recover even if you share some of the blame for the accident. In some cases both a workers' comp claim and a personal injury claim can be pursued simultaneously.