South Dakota Accidents

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Definition

going and coming rule

An employee usually is not covered by workers' compensation for injuries that happen while traveling to or from the regular workplace, because that commute is generally treated as outside the course of employment.

The idea behind the going and coming rule is that ordinary travel to work is a personal activity, even when the job itself is risky. A few common exceptions can change the outcome. Coverage may apply if the employer provides the transportation, pays for travel time, sends the worker on a special errand, requires travel between job sites, or the worker is already performing job duties on the road. For example, a nurse driving from home to a hospital is usually outside coverage, but a cable technician driving from one service call to another may be within it.

This rule matters because it often decides whether medical bills and lost wages are handled through a workers' compensation claim or left to a separate personal injury claim against another driver. In South Dakota, that can be a major issue on long rural routes where crashes happen far from quick emergency response. If a wreck happens during a normal commute, an employer may deny benefits under the going and coming rule. If it happens while doing assigned travel, the claim may be covered.

On or near reservations such as Pine Ridge, tribal jurisdiction can also complicate where an injury dispute or related third-party claim gets handled. And if another driver caused the crash, South Dakota's minimum auto liability limits of 25/50/25 may affect what compensation is realistically available outside workers' comp.

by Tom Red Cloud on 2026-03-30

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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