Maine Accidents

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going and coming rule

This rule can decide whether medical bills and lost-wage benefits get paid or denied after a crash or other injury on the way to work or on the way home. If the insurer says the accident happened during an ordinary commute, a workers' compensation claim may be rejected even when the worker was headed straight to the jobsite.

Technically, the going and coming rule means injuries suffered while traveling to or from work usually are not considered to arise out of and in the course of employment. The basic idea is that a normal commute is not part of the job. There are exceptions, though. Coverage may still apply if the employer provided the transportation, paid for travel time, sent the worker on a special errand, required travel between job locations, or controlled the trip in some meaningful way.

For a Maine claim, the facts around the trip matter a lot: who owned the vehicle, whether mileage was paid, whether the worker was on call, and whether the employer directed the route or task. Those disputes can end up before the Maine Workers' Compensation Board in Augusta. If a wreck happened on a rural road and the Maine State Police were the first responders, get that crash report quickly.

Save texts, schedules, mileage records, time entries, and any supervisor instructions. Those details often make the difference between a denied commute case and a covered work-travel injury.

by Brenda Cyr on 2026-03-30

This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.

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