Coming-and-Going
New York's 'Coming-and-Going' Rule
Monday, February 15, 2010
A New York Workers’ Compensation claimant is availed
five (5) presumptions. The first presumption is that
an accidents which occurs in the course of employment
is presumed to arise out of the employment. This is a
temporal/substantive link: if the injury occurs at
work and during the work day, it is presumed the
injury ‘arose out of and in the course of
employment.’
If the activity the claimant was undertaking at the time of the accident was ‘purely personal’ it would not be within the scope of the employment and the presumption would be rebutted. Read More...
If the activity the claimant was undertaking at the time of the accident was ‘purely personal’ it would not be within the scope of the employment and the presumption would be rebutted. Read More...
